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BODIES POLITIC AND THEIR
GOVERNMENTS
CAMBRIDGE UNIVERSITY PRESS
C. F. CLAY, Manager
ILoitJon: FETTER LANE, E.C.
Eiinbttrgfj: ioo PRINCES STREET
®tto gotfe: G. P. PUTNAM'S SONS
»om&a>> anil Calcutta: MACMILLAN AND CO., Ltd.
Toronto : J. M. DENT AND SONS, Ltd.
ttokfio: THE MARUZEN-KABUSHIKI-KAISHA
All rights reserved
BODIES POLITIC
AND
THEIR GOVERNMENTS
BY
BASIL EDWARD HAMMOND
FELLOW OF TRINITY COLLEGE, CAMBRIDGE ; AUTHOR OF
'OUTLINES OF COMPARATIVE POLITICS* AND OF
'POLITICAL INSTITUTIONS OF THE
ANCIENT GREEKS*
Cambridge :
at the University Press
1915
PREFACE
In the following chapters the author lays before his
readers sketches in words of those political organisa-
tions with which a study of history has made him
acquainted. The sketches are many, their subjects
diversified : but each group of kindred subjects is
figured in a chapter or a few chapters by itself, and
when that is done a tabular view of the subjects in
the group is appended. In the tabular view the
subjects appear no longer in separate sketches, but in
a single small and compact panorama. In the last
chapter the separate panoramas are joined together
into one, and a bird's eye view of political organisa-
tions of all sorts is exhibited.
During the last twenty or thirty years the author
has been led by his studies to form one after another
several different general views of political organisations
and political phenomena, each of them, he believes, a
little nearer to the truth than the one that preceded
it. Eleven years ago one of these views, the best that
he could then make, was published under the title,
Outlines of Comparative Politics. Reviewers of the
book were kind in noticing such merits as it possessed :
but they did its author a greater service by enabling
vi PREFACE
him to see some of its blemishes. He was so conscious
of its defects and so hopeful that with a fresh start he
might do better, that, though an edition of the book
was quickly sold, he decided against republishing it,
and resolved to write an entirely new book.
The chief fault that he could discern in his earlier
work was that it began with a classification of political
communities. If a classification is old and has been
proved to be useful in expressing uniformities and
regularities, it may stand anywhere : but this par-
ticular classification was new and untried, and there-
fore was not fit to be placed at the beginning of a book,
where the definitions of its classes must be arbitrary.
In the book now published the author first describes
individual political associations, and, till the members
of a group have been described, does not define the
group. The plan of the book has been indicated above,
but will be seen more clearly by any one who will read
the Introduction and the last chapter.
One matter of detail may be noticed. It will
probably be thought that there must be some lack
of proportion in a sketch-book of political organisa-
tions, which allots more than half its pages to deline-
ating small communities in ancient and mediaeval
cities, and less than half to figuring large communities
in modern countries. But the author submits to his
readers the opinion that the disproportion, if there is
any, could not easily be avoided. The communities
in the cities were no less independent and separate
than those in countries, and have a like claim with
PEEFACE vii
them to be depicted. They were many ; the com-
munities in countries are comparatively few. And
more than that. Independent communities in cities
are a thing of the past, and no man now living has
seen one of them. As they are unfamiliar objects,
they must be depicted in detail. The evidence about
ancient city states is extremely fragmentary, and
almost every stroke put into a figure of one of them
can only be justified after nice weighing of probabilities.
With communities in countries the case is different.
Such communities are before our eyes. A few bold
lines confidently drawn from abundant evidence suffice
to characterise almost any one of them. Minor details
are not wanted in representations of them, because
every one who has a just notion of their main outlines
is certain to supply their lesser features out of his own
imagination or knowledge with little chance of error.
The book was finished in April, 1914, when Europe
was at peace. Since then many nations have engaged
in unwonted activities ; some of them have exhibited
characters that could not previously be discerned in
them, and it may even be true that some of them have
changed their characters. But, whatever changes may
have taken place, we cannot yet see what they are,
and therefore no attempt has been made to estimate
them.
B. E. H.
Trinity College, Cambridge,
November 9, 1914.
CONTENTS
INTRODUCTION, ...... 1
I. EUROPEAN TRIBES, .... 5
II. THE FIRST TOWNS IN EUROPE, . . . 13
III. GREECE BEFORE 650 B.C., .... 26
IV. SPARTA TO 510 B.C., .... 33
V. SIMPLE URBAN PEOPLES TO 480 B.C., . . 40
VI. COMPOSITE URBAN PEOPLES TO 510 B.C., . . 48
VII. SPARTA, ATHENS, AND PERSIA, 510 B.C.-480 B.C., 61
VIII. COMMENTS ON THE GREEK URBAN PEOPLES, 650
B.C-480 B.C., ..... 80
IX. HEGEMONIES IN GREECE DURING THE WAR
AGAINST PERSIA, 477 B.C-454 B.C., . . 86
X. ATHENS IN RECEIPT OF TRIBUTE, 454 B.C.-
413 B.c, ..... 95
XI. THE GREEK CITIES, 412 B.C.-338 B.C., . . 114
XII. COMMENTS ON THE GREEK CITIES AND GOVERN-
MENTS, 477 B.c-338 B.C., . . .149
XIII. ITALIAN PEOPLES TO 264 B.C., . . .160
XIV. SUPREMACY OF THE ROMANS IN ITALY, 264 B.C.-
201 B.C., ..... 218
XV. ROME, ITALY, AND THE PROVINCES, 201 B.C.-
46 B.C., ..... 238
XVI. COMPARISON OF ITALIAN TOWNS WITH GREEK
TOWNS, ...... 273
x CONTENTS
CHAPTER PAGE
XVII. THE EMPIRE OF THE CESARS, . . 283
XVIII. BARBARIAN CONQUERORS OF CIVILISED PEOPLES, 314
XIX. JUNCTIONS OF TRIBES, EFFECTED BY COMPULSION, 331
XX. JUNCTIONS OF FIEFS, EFFECTED BY COMPULSION, 342
XXI. MEDLEVAL CITIES: (1) INLAND CITIES, . . 354
XXII. MEDIiEVAL CITIES : (2) MARITIME CITIES POSSESS-
ING IMPORTANT TERRITORY OUTSIDE THEIR
WALLS, ..... 386
XXIII. UNIONS OF PEOPLES : STRONG KINGLY GOVERN-
MENTS, ..... 410
XXIV. UNITARY NATIONS: PARLIAMENTARY GOVERN-
MENTS, ..... 442
XXV. VOLUNTARY JUNCTIONS OF EQUAL COMMUNITIES, 468
XXVI. VOLUNTARY JUNCTIONS OF UNEQUAL BODIES
POLITIC, ..... 517
XXVII. PEDIGREES OF BODIES POLITIC, . . .543
INDEX, ...... 555
BODIES POLITIC AND THEIR
GOVERNMENTS
INTRODUCTION
It is observed that men who have property consisting in
cattle, lands, houses, stores of produce, or any other property
beyond what they can carry about on their communities
persons, are always arranged in groups for the and bodies
protection of their lives and property and the
promotion of their desires, and that each group has
some kind of government, either made by the group itself
or imposed on it by some stronger group. Men formed
into a group for mutual protection and for the advantage of
all usually have their most important emotions and attributes
in common, and in that case the group which they constitute
is called a community. Every group of men who share the
same emotions and attributes form a community, whether
they have a government of their own making or a govern-
ment imposed on them from outside by compulsion. Every
group of men or group of groups of men that lives under
one government is a body politic : thus a body politic
may either be one community or be composed of many
communities.
A community or a body politic retains its personal identity
complete only from the death of one of its mem-
bers to the death of the next ; and as soon as all of a com.
its members are dead its existence as a body munityor
. . ,, . . . body politic.
consisting of certain definite persons is entirely
ended. But through the space of about thirty years, for
A
2 PEOPLES [int.
which a generation remains in its prime and is not super-
seded by its sons, the persons gathered in a group for
common purposes remain for the most part the same. Thus
the lifetime of a community or a body politic is about thirty
years.
When we are reading or speaking about times for which
historical details are scanty, we are unable to distinguish
any one community or any one body politic from
that which went before it or from that which
came after it : then we are compelled to think and speak
of successions of communities or of successions of bodies
politic which we know to have been closely connected with
one another, though we usually do not know exactly how
they were connected. A succession of communities some-
how connected together is called a people. There is no
name which denotes a succession of connected bodies politic
which are not single communities, and denotes nothing
more : when I need to mention such a succession of bodies
politic I usually call it a group of peoples, or a composite
people.
When I began writing the pages which follow I had only
a dim notion what the word people meant. Now that I have
„, MlA finished the text of the book and am employed
The history t r J
of peoples is on the Introduction, I see that when I am com-
httie known, p^j^ to Speak 0f a people I am often speaking
of a thing whose structure and progress is unknown to
me. For things of which little is known it is foolish
and misleading to use a precisely defined name. Hence
I do not define the word people beyond saying that I use
it to denote a succession of communities which in some
way or other are closely connected together.
In sharp contrast with the word people stands the word
state. It was employed in the first quarter of the sixteenth
century by the Italian Machiavelli to denote a body
int.] STATES 3
politic and its government, and in one instance to denote
merely a government : before 1580 it had been heard in an
English Parliament, and was to be found in the
. States.
essays of Montaigne bearing the same sense or
senses.1 In the seventeenth and eighteenth centuries the
word was found to be extremely convenient in the dealings
of bodies politic and their governments with one another,
and therefore it received a careful definition, one part of
which it will be well for me to explain.
When a body politic has dealings with other bodies politic
it acquires rights which it claims to enforce against them,
and incurs obligations in return. In the seven- c. .
* _ States can
teenth century bodies politic had many dealings only die in
with one another, and concluded many treaties, e way*
and in particular a very large number of treaties on one
famous occasion in 1648 when congresses of ambassadors
from nearly all the governments of central and western
Europe met at Munster and Osnabrtick in Westphalia to
sum up the terms under which the Thirty Years War was
brought to an end. In the making of the treaties of the
seventeenth century it became an accepted doctrine that,
when the members of a body politic die out, their sons
succeed to their rights and obligations, and hand them on to
their posterity ; and since that time the word state has been
adopted as a technical name for any succession of bodies
politic which transmit rights and obligations from generation
to generation. For the protection of rights and the enforce-
ment of obligations governments have accepted the legal
principle formulated in the writings of international lawyers
that a state can never die or lose its identity unless it is
1 Machiavelli, II Principe, ch. 4, ch. 5, ch. 6, the first clauses ; (in
ch. 5, clause 3, stato di pochi is a translation of oligarchic/,, and therefore stato
means only a government) ; Goodier, 1571, N. Bacon, 1572, Peter Wentworth,
1575, in Symonds D'Ewes' Reports, pages 162, 193, 237 in edition of 1682,
1093 ; Montaigne, Book 1, Essay 54, Book 3, Essay 9.
4 BODIES POLITIC [int.
completely merged in another state which takes over its
obligations and acquires its rights.
l. A state, then, is a legal conception. Even at the present
time when states as denned by lawyers are before our eyes,
it is as hard to form in the mind a complete
States not m m t .
concrete image of a state as it is to form a complete image
things. 0£ a corporation. For states bear no resemblance
to concrete things : it is impossible for all the men who go
to make up a state to be seen together, or to perform an
action in common. The members of the English state
include all Englishmen who have lived at any rate since the
time of Queen Elizabeth till this day : it is manifest they
cannot be seen together nor join together in performing an
action.
A body politic, on the other hand, may be a perfectly con-
crete thing. All the members of a German tribe, or of a
Greek city, or of the modern republics of Andorra
tic resemble or San Martino could, or can, be seen at a glance :
concrete the German tribesmen could all be heard at once
things.
if they murmured disapproval, or the citizens of
Athens if they shouted or groaned. And beyond that every
body politic, whether it is one community or many com-
munities, whether it is confined within the narrow limits of
an islet in the Pacific Ocean or is spread like the empire of
the Caesars over the whole civilised world, is like a concrete
thing in its capacity for acting as if it were a single person.
I have chosen bodies politic and not states for my subject,
because I desire to make a collection of sketches, and have
found on trial that a body politic, which is like a concrete
thing, furnishes a good subject for sketching, but that it
is extremely difficult and perhaps impossible to make an
intelligible description in bold outline of a state, which is a
legal and almost an abstract conception. States appear in
my book as families of bodies politic with long pedigrees.
CHAPTER I
EUROPEAN TRIBES
The earliest European societies of men to which we can by
any effort of inference or conjecture reach back are those
that once lived together as neighbours and spoke primaeval
in those primitive tongues whence the Aryan societies-
or Indo-European family of languages is derived. From
linguistic evidence we know that some at least of the men
who spoke those primitive languages were already, when
they lived together, keepers of sheep and cattle, using boats
with paddles, and carts on wheels and yokes for the necks
of the oxen, and dwelling in fixed houses with doors ; thus
they were what are usually called settled herdsmen.1 In the
great gathering of the primitive Aryan-speaking peoples those
who could be ranked as settled herdsmen included some
part at least of those who spoke the languages that were the
parents of the Celtic tongues, of the Latin, of the Greek, of
the German, of the Hindu, and the Persian : whether they
included any who spoke those ancient tongues whence come
the Slavic languages is not so clear.2
A good part, then, of the primitive Aryan-speaking peoples
lived as herdsmen in fixed abodes. From the observations
of modern explorers we learn that all settled herdsmen
live in communities, and have some kind of government.
1 See Schrader, Sprachvergleichung und Urgtschichte, translated into
English by Mr. Jevons under the title Prehistoric Antiquities of the Aryan
Peoples.
2 Fick, Indo-Europdisches Worterbuch.
6
6 PASTORAL AND AGRICULTURAL COMMUNITIES [ch. i.
The only races that have no communities and no govern-
ments are a few of the hunting peoples who support
Pastoral themselves entirely by gathering wild fruits and
communities. roois> an(j by killing wild animals : they cannot
live in communities, because any concourse of men would
frighten away their game, and as they have no communities
they have no governments.1 There cannot be any doubt
that what happens in modern times among barbarous
peoples happened also among similar peoples long ago ; and
it follows that those of the primitive Aryan-speaking peoples
that had advanced to be settled herdsmen lived in com-
munities and under governments. The earliest kind, then,
of political communities of Aryan-speaking men to which we
can go back were pastoral communities. We can learn
what the pastoral communities of the Aryans were like,
because communities that were undoubtedly of the same
general character existed in Germany very long afterwards,
and were described by Caesar. Pastoral communities were
also to be found in the northern parts of the Balkan
peninsula within the ages known to us from literature, but
they were of a somewhat different type from those of the
ancient Aryans, because their habitat and surroundings
were not the same.
After men have attained to be settled pastoral peoples the
next great step for them is to learn such arts as enable them
Agricultural to raise food from the soil. Among the Aryan-
tnbes. speaking peoples those who in early prehistoric
ages made this step forward with most conspicuous success
were some of the Italians and of the Greeks. They made it
in common, and became skilful tillers of the soil before they
entered the peninsulas which bear their names.2 While they
1 Herbert Spencer, Political Institutions, § 442, confirmed in detail by
Spencer, Descriptive Sociology.
- The evidence for this statement is given on p. 11.
en. i.] THE GERMANS 7
lived together in continental Europe they were agricultural
tribes, or societies of tillers of the soil living in the open
country without any towns. The second kind, then, of
European political communities are agricultural tribes : and
to this second kind belonged those communities of Italians
and Greeks who on their arrival in the peninsulas that bear
their names had made most progress in learning useful arts.
We now have to inquire what is known about pastoral
communities and agricultural tribes. We begin with
pastoral communities: and among the pastoral
peoples we take the Germans first, because their communities
communities were almost certainly very like the and a£"cul-
J * tural tribes.
pastoral communities of the age when all the
Aryan-speaking peoples lived as neighbours.
Caesar, while proconsul in Gaul from 58 B.C. till 49 B.C.,
came into contact with some of the Germans, and gained as
much information as he could about them all.
The
He learned that they were hunters and herdsmen, Germans,
careless about agriculture, but eager for war. j?,T*Sr"
Their communities in time of peace were cantons
which he calls regiones or pagi: large groups of cantons
bore a common name, as Tencteri or Usipetes, but the group
had no common government in time of peace, and therefore
the cantons were independent, each of them only controlled
by rulers of its own, whose business consisted in administer-
ing justice, and in deciding what part of the land in the
canton should be allotted in each year to the several
families as grazing ground. In time of war the group of
cantons that bore a common name chose commanders to
lead the warriors, and invested them with power of life and
death: thus for the duration of the war there came into
being the larger unit which Csesar called a civitas, and we
may call a tribe. As a tribe had no common government
in time of peace it follows that it had no king, since kings
8 THE GERMANS [chap. i.
would be rulers in peace and war alike: the kingly title
of Ariovistus was exceptional, and is given him by Caesar
because it had been recognised by the Roman Senate.1
About forty years after Caesar's time western Germany was
invaded and imperfectly conquered by the Romans under
Drusus and Tiberius, stepsons of Augustus: it only re-
covered its independence in a.d. 9 at the great battle of the
Teutoburgerwald. Under the pressure of war with the
Romans many groups of cantons were joined permanently
together so as to form large tribes ruled by kings in time of
peace no less than in war. Among the tribes thus per-
manently consolidated before a.d. 20 were the Cherusci,
the Chatti, and the Marcomanni.2
In 98 a.d., when Tacitus described the Germans, their
pursuits and economic condition were still almost the same
as in Caesar's time : their joys were fighting and
in the time hunting, their wealth was their beasts, and they
oS a^d'"*' would not condescend to the toil of agriculture.3
But politically they had advanced : every tribe
was a united whole, and we hear no more of partially
independent cantons. In nearly all the tribes supreme
authority belonged to a concilium, or folkmoot, a general
gathering of king, chieftains, and ordinary warriors: the
folkmoot decided for peace or war, and elected the kings
and chieftains. Tacitus speaks of government by a folkmoot
as prevailing in most of the tribes; but he mentions as
exceptional some tribes who were under strong kingly rule
(eat gentes quee regtiantur)* He afterwards names thirty-
six tribes without saying how they were governed, whence
I infer that they were ruled by folkmoots.5 At the end he
1 Caesar, Bell. Gall., 6. 22, 23 ; for Ariovistus, Ibid., 1. 31, 35.
2 Tac., Ann., 2. 88; Smith, Diet. Geogr., 'Chatti': Velleius Paterc, 2.
118; Smith, Diet. Biogr., * Maroboduus. '
1 Tac, Germ., 5. 25, 26. * Ibid., 25. 8 Ibid., 28-43.
chap. I.] THE GERMANS 9
mentions four, all living around the Baltic sea, as being
under the unrestrained rule of kings, whence it is obvious
that they had no folkmoots, or their folkmoots had little
influence.1
The subsequent fortunes of the German tribes may con-
veniently be noticed here, though I do not venture to assert
that they did not soon after the time of Tacitus
learn to support themselves by tilling the soil as German
well as by hunting and keeping flocks and herds. tnbes, 240-
From about 240 a.d. large groups of German
tribes joined themselves in permanent leagues for attack or
defence : among the earliest of these leagues were the
Franks near the Rhine, mentioned for the first time about
240 a.d., and the Goths who near the same date forcibly
occupied the Roman province of Dacia.2 By about 400 a.d.
those leagues of tribes which essayed and effected great
conquests of Roman territory had coalesced into large hordes
in which the original component tribes were not dis-
tinguishable, and each of them was led by a warrior king
whose power was almost absolute: Alaric, Chlodovech,
Euric, Theodoric, and Alboin are the most conspicuous of
their rulers. In the league of the Saxons, which was made
for defence against aggressive German neighbours, the
component tribes did not lose their separate existence. In
the time, 355-361 a.d., when Julian was commanding as
Caesar in Gaul, one of the tribes is mentioned by name ; and
shortly after the year 700 a.d. each tribe had a separate
ruler to manage its own affairs, but for the control of the
common interests of all these rulers were a federal council.3
In the Balkan peninsula, the most noteworthy of the
peoples that continued to live mainly as herdsmen in times
1 Tac, Germ., 44.
2 Franks, Vopiscua, Aurelianus, 6 ; Goths, Gibbon, chapter 10.
;) Zosimus, 3. 6 ; Bseda, 5. 10.
10 TRIBAL COMMUNITIES [chap. i.
when Greek literature was abundant, were the vEtolians,
the Akarnanians, the Phokians, the Molossians, and the
Macedonians. The iEtolians lived in a region
Pastoral , »
peoples in that is cut up by a multitude of mountain ranges
the Balkan jnto verv smau natural areas. In the time of
peninsula. J
Thucydides their political communities were no
more than villages, but the whole of them had the common
name of ^Etolians, and in time of war the villages acted to-
gether, as the collections of cantons that bore the common
names of Tencteri or Usipetes acted together in Caesar's time :
within a generation or two after the time of Thucydides the
iEtolian villages had formed a federation ruled by a federal
council.1 The Akarnanians and the Phokians went through
nearly the same phases as the ^tolians, but when first we
hear of them they were less completely barbarous, and had
a few small towns.2 The Molossians inhabited one of the
larger natural divisions of the Balkan peninsula, and thus
grew to be like one of the German tribes described by
Tacitus : when Themistokles took refuge among them they
had a king, Admetus, but he was living with the simplicity
of a tribal chieftain.3 The Macedonians alone, among the
tribal peoples akin to the Greeks, grew by conquest into a
large union of tribes like those formed by the Franks or the
Alamans among the Germans. Somewhere about 700 b.c.
the tribe to which the name Makedones properly belonged
took as their ruler Perdikkas, a man of princely lineage in
the city of Argos : Perdikkas and his descendants succeeded
before the time of the Peloponnesian war in reducing to
some kind of obedience nine more tribes and in bestowing on
all of them the common name of Macedonian.4 When the
1 Thucydides, 3. 94 and 97 ; Freeman, History of Federal Government in
Greece and Italy, ch. 4, ch. 6.
2 Freeman, Ibid.
3 Thucydides, 1. 136.
* Herodotus, 8. 137-9 ; Thucydides, 2. 80, 99, and 4. 79, 83, 124.
chap, i.] IN SOUTHERN EUROPE 11
ten Macedonian tribes undertook the conquest of Greece
they were under the strong kingly rule of Philip, the father
of Alexander the Great.
Of the agricultural tribes of the ancient Italians and
Greeks we have no descriptions. Before the beginnings of
literature and history they had disappeared, and
ii t • i -r, i Agricultural
towns nad taken their places. But we know tribes of the
that the later Italians and Greeks possessed a kalians and
■ the Greeks.
common system of agriculture, used the same
methods of preparing grain for food and of measuring the
ground, wore the same kind of clothing, and had adopted
the same plans of house-building and the same weapons of
offence.1 It is probable that they acquired the greater part
of this common stock of methods and appliances while they
were still together, and therefore before they moved south-
ward from the mainland of Europe into Italy and Greece,
and that on their arrival in the two peninsulas those of
them who had made the most progress towards civilisation
were very well equipped agricultural peoples. In the
earliest prehistoric ages of which we have any knowledge
the most powerful, wealthy, and cultivated of their peoples
had their homes in Greece about the isthmus of Corinth,
or in Attica or Laconia, and in Italy on the southern bank
of the river Tiber. In these regions, then, lived the agri-
cultural tribes who laid the foundations of the subsequent
greatness of the Greeks and the Italians.
The distinctive mark of a tribe is that it has no towns,
and the men composing it live in the open country em-
ployed in pastoral or agricultural and military The word
pursuits. An end is put to the simple tribal 'trlbe-'
manner of life either if a tribe makes conquests of territory
abounding in wealth and so is led to engage in commerce,
or if without conquering fresh territory it gathers a great
1 Mommsen, Hist, of Rome, 1. 19-24.
12 TRIBES [chap. i.
part of its population within the walls of a town or city.
The German tribes made great conquests of rich territory,
and in the course of ages became the founders of powerful
nations; the tribes of Greece and Italy did not conquer
territory, but they gathered their tribesmen within walls,
and their descendants were the inhabitants and the masters
of important cities, some of them military and the rest
maritime and commercial.
CHAPTER II
THE FIRST TOWNS IN EUROPE
The earliest European townsmen are known to us only from
the vestiges that they have left in their fortresses, their
graves, their pottery, their weapons, and their works of art.
Mykense was the place where Schliemann, in 1876, dis-
covered the best of their treasures, and whence our first
knowledge of their civilisation was obtained, and accord-
ingly their civilisation and their age are commonly called
Mykenaean ; but it is now known that men of like civilisa-
tion were living in the same age in Laconia, in Attica, at
Orchomenos in Bceotia, in the southern islands of the
iEgean Sea, Paros, Naxos, Ios, Amorgos, Melos, Thera,
Therasia, and thence southward to Crete and eastward to
Cyprus.1 It is mainly from a comparison and classification
of specimens of pottery found in these places that archae-
ologists have concluded that all of them enjoyed a coeval
and similar civilisation.2
The buildings of Tiryns and Mykense first claim our
attention. At Tiryns the upper and stronger part of the
fortress is oblong, about a hundred and seventy Mykenae
yards in length and a hundred in breadth; at andTiryns.
Mykense the citadel is a triangle, of whose sides the longest
measures about three hundred and fifty yards and the
others two hundred and fifty, or decidedly more if their
1 Frazer, Pausanias, vol. 3. p. 145.
2 For the Mykeniean civilisation generally, see Frazer, Pausanias, vol. 3.
pp. 94-164, and pp. 217-30.
13
14 MYK^N^E [chap. ii.
irregularities are followed. At Mykenae there was a walled
town lower than the citadel, fully large enough to accom-
modate one or two thousand inhabitants; at Tiryns the
existing remains look as if they had been only a fortified
residence of a powerful king. At Mykenae outside the
citadel are eight subterranean beehive tombs ; three are in
the lower town, five entirely without the walls. The largest
and best preserved of them, measuring fifty feet in height
and fifty in diameter at the level of the floor, is popularly
but incorrectly known as the treasury of Atreus.1 The
masonry both in the walls of the citadels and in the bee-
hive tombs is exceedingly massive. The stones of the wall
adjoining the famous Gate of the Lions at Mykense are six
or eight feet long, four or five feet high, and their breadth
is greater than their height. In the treasury of Atreus one
block of the lintel, measuring twenty-seven feet by seven-
teen by three or four, is among the largest stones to be
found in any building in Europe. At Mykenae the average
thickness of the wall of the citadel is about sixteen feet ;
at Tiryns the thickness varies from twenty feet to fifty-four,
and in some places the portion of the wall still standing has
a height of fully twenty feet.2
In the citadel of Mykenae six graves were found by
Schliemann in a circular enclosure near the Gate of the
Objects Lions with their contents undisturbed. Most of
found there, the graves are hewn vertically downward in the
solid rock: one or two are dug in earth which has been
added to give the fortress a convenient contour. Every
grave but one contained several skeletons lying in layers,
and seemingly interred at intervals in a period covering
many generations. The bones had not been charred by
1 Frazer, Pausania*, 3. 125.
2 For details about the buildings, see Schliemann, Tiryxis, and Schliemann,
Mykenae.
chap, ii.] AND TIEYNS 15
fire: the treasures buried with them included beautifully
worked coronals in gold, golden masks on the faces of the
dead, silver and gold cups and vessels, and a fragment of a
silver vase engraved in relief with a scene representing an
attack on a fortified town. The swords and other weapons
of offence found in the graves are all made of bronze :
nothing made of iron was found in the graves in the
citadel, but in some of the graves in the lower town were
found a few iron rings.1
In the engraving of an attack on a walled town the
defenders, who must represent Mykenaeans or men like
them, carry an oblong shield large enough to protect all
their bodies above the thighs, but do not appear to wear
any armour fitted to the body or limbs : the assailants are
naked and carry only slings, but, as they probably represent
barbarous tribesmen, they tell us nothing about the
Mykenaeans. The objects found in the graves prove that
the Mykenaeans had spears, arrows, and swords as weapons
of offence ; but nothing indicates that they wore cuirasses or
greaves or any armour fitted to the body.2
Among the objects found at Mykense were some that
came from abroad. From the Baltic came beads of amber ;
from Africa an ostrich egg adorned with clay imported
figures of fishes glued to the shell, a number of objects,
small ornaments carved in ivory, a piece of porcelain on
which was written about 1400 B.C. the name of Amenhotep
the Third, King of Egypt, and a scarab of the same period
bearing the name of Ti, the queen of Amenhotep. The
presence of these objects proves that in the Mykenaean age
there was communication between Europe and Africa, and
leads us to conjecture that intercourse between the two
continents was first established by the Phoenicians, the most
active mariners of that age.
1 Frazer, Pauaanias, 3. 155. 8 Ibid., p. 116.
16 ROUGH DATES FOR THE [chap. ii.
The Phoenicians could come by sea to eastern Greece
without ever losing sight of land : first they sailed along
The befrfn- tne soutnern coast of Asia Minor, thenceforward
ningsof in their passage to Europe there was never a
and towns point from which none of the islands was visible,
in Europe. The Phoenicians, and probably also traders from
Asia Minor, brought to Europe products of industry and
knowledge of useful arts from the East, where civilisation
of the Egyptian and Assyrian types had been established
for thousands of years. Hence by a process extending
probably over at least ten centuries the Greeks of the
eastern mainland and of the islands themselves became
proficient in useful and ornamental arts, and accordingly
they became comparatively wealthy and built fortresses for
the protection of themselves and their possessions.
It was probably between 1500 B.C. and 1200 B.C. that the
Mykenaean civilisation reached that stage which is marked
by its best relics. About 1500 B.C. the stream
for the °f passage which had flowed from the East to
Mykenaean Europe turned and ran the other way from
civilisation.
Europe to Egypt. At Gurob, sixty miles south
of Cairo, Professor Flinders Petrie discovered pottery of a
very peculiar Mykenaean type, which indicates either that
imports went from Greece to Egypt, or that Greeks of the
Mykenaean age were settled at Gurob. The town of Gurob
was established about 1500 B.C., and by about 1200 B.C. it
was deserted: in its ruins were found sixty-two objects
inscribed with the names of kings between those dates, and
only one object bearing the name of any other king.1 In
the reign of Seti the First, about midway between 1500 B.C.
and 1200 B.C., we learn from Egyptian contemporary docu-
ments that one of the best contingents in the Egyptian
1 Frazer, Pausanias, 3. 149. Petrie, Kahun, Gurob, and Hawara, 1890.
Plate xxiv. (Chronology, at the right hand).
chap, ii.] myk£n^ean civilisation i?
army consisted of foreign soldiers belonging to a people
called Shardana whose home was an 'island in the great
sea.' From Mykena? we know that the military accoutre-
ment of the Mykenamns consisted of spear, sword, bow, and
an oblong shield without body armour : the equipment of
the Shardana in Egypt was the same except that their
shields were round.1 Hence it is likely that the Shardana
came from some island, or other land by the sea in which
the Mykemean civilisation prevailed, and that one of their
contingents in the Egyptian army was settled at Gurob.
The civilisation of the Mykensean age was spread over
Attica, the town of Orchomenos in Bceotia, the southern
islands of the iEgean Sea, and the eastern half Mig.ration
of the Peloponnesus including Lacedsemonia : of the
at Mykense and Vaphio near Sparta the works of
art indicate that it reached its highest level.2 From
Mykense and from every other place in the Peloponnesus
where it had been present it was swept away when the
Dorians came down as conquerors from the mountainous
region in the inland part of northern Greece. Any estimate
of the date of the migration of the Dorians must depend
on consideration of what happened to them after they came
to the Peloponnesus. When they made their migration
they must, from the nature of the region from which they
came, have been extremely rude and barbarous mountaineers.
By the year 734 B.C. the Dorians who had settled at Corinth
had become so proficient in maritime enterprise and in
trade carried by sea that they could send out bands of
adventurers who founded new and prosperous settlements
in Kerkyra and at Syracuse. Between their first coming to
the Peloponnesus and their founding of colonies across the
1 Meyer, Geschichte des Alterthums, vol. 2. § 134.
2 For Vaphio (t6 ^a^etov), see Tsountas, in 'Y-ipyntpU dpxaio\oyiK-^, 1889.
pp. 136-72 and Plates 7-10.
B
18 GEEEKS IN ASIA MINOR [chap. ii.
sea a long period must be allowed in order to give them
time enough to change themselves from sheer barbarians to
seafaring merchants. Considering how slow is the progress
of uncivilised peoples, three or four centuries is not too long
to allow for the process of change in their pursuits and
condition; and hence the century from 1100 B.C. to 1000 B.C.
is the latest time to which their migration and conquests
can probably be assigned.1
In the earliest times to which records go back Greeks
were already settled on the western coast of Asia Minor.
Greeks in In the northern part not far from the Troad
Asia Minor. were eieven small iEolic towns on the mainland,
and the important cities of Methymne and Mytilene in the
neighbouring island of Lesbos ; 2 further south, from Smyrna
to Miletus, came twelve Ionian cities ; 3 beyond them, still
further southward, lay some settlements of the Dorians.
The JSolians had migrated from Thessaly and Bceotia : 4 as
they had no specific memories of their migration, they were
probably the earliest Greek settlers in Asia. Among the
Ionian cities was Kolophon : Mimnermus of Smyrna, who
lived about 580 B.C., sang in one of his elegies that the
Kolophonians, from whom he was himself descended, came
from Pylos, the city of Neleus, in the south-west of the
Peloponnesus.5 As no country can send out a colony across
the sea unless it is itself strong and prosperous, we may
infer that the foundation of Kolophon was undertaken by
the Pylians before they were threatened by the Dorians :
thus one at least of the Ionian cities in Asia Minor goes
back to the Mykensean age. The Dorian settlements in
Asia Minor obviously belong to the time when the Dorians
of Europe had gained access to the sea, and therefore they
1 Dr. Eduard Meyer, Dr. Busolt, and Professor Bury agree in placing the
Dorian migration not later than 1100 B.C.
2 Herodotus, 1. 149. s Ibid., 1. 145. * Ibid., 7. 176.
5 Mimnermus quoted by Strabo, p. 634.
chap, il] EARLY POLITICAL CONDITIONS 19
were not founded till after the great migration of the
Dorians into the Peloponnesus.
During the age in which the Dorian tribes were employed
in gradually conquering the Peloponnesus they were no
doubt led by strong military commanders : after Political
the conquests were made these military com- conditions
manders held kingly authority in their Pelop- Dorian
onnesian settlements and transmitted it to ml&ratlon.
their descendants. Also during the age of the Dorian con-
quest peoples who lived near the track of the conquerors,
especially the people of Attica, needed military kings to
protect them from the rude mountaineers. Hence in the
age of the Dorian conquests strong kings were needed in
Greece, and we may believe the traditions which tell us
that the earliest known governments in Greece were of
kingly character. Between the age of the Dorian conquests
and the beginning of chronological history, which we may
place about 650 B.C., the rule of kings had everywhere been
tempered or superseded by the power of the chief men in
the communities. At Sparta government was conducted by
kings and a council and five magistrates: in Attica, at
Corinth, and at Megara castes of nobles held undisputed
authority.1
I cannot leave the prehistoric age of Greece without
considering the question whether we know anything about
governments during the Mykenoean age. Can do we
we assume that the pictures of political debates ^.n.ow a"y*
r r t thing- about
in the Iliad and the Odyssey give us a faithful govern-
representation of what occurred in Mykense and Mykfinsean6
in other Greek communities before the Dorian age?
conquest ? The answer to the question must depend
on the time to which the completion of the Iliad
'Aristotle, Ath. Pol., 3; Herodotus, 5. 92; Diodorus, 7. fragm. 9;
Aristotle, Pol, 5. 5-9, ed. Bekker, 1837.
20 ARGUMENTS ABOUT HOMER [chap. EL
and the Odyssey is assigned. If the poems were completed
in the Mykensean age they must have borrowed their
pictures of political debates from the practice of that age ;
if they were not completed till after the Dorian conquest,
we cannot be sure that we know anything about govern-
ments in the Mykensean age.
There are, on the one hand, facts which make it difficult
to believe that the Homeric poems were completed in the
Date of the Mykensean age. The poems describe the Greeks
Iliad and the ^ burning the dead on pyres and burying only
Heads of their charred bones, as wearing greaves and cuir-
arguments. asses> as knowing how to work in iron, and as
using iron for agricultural implements. The objects found
at Mykense indicate that the men of the Mykensean age
buried the dead without burning them, had no body armour,
and had nothing made of iron except a very small number
of finger-rings. Hence it would seem that the poems belong
to a later age than the relics found at Mykense. Moreover,
somewhere about 1100 B.C. the Mykensean age in the Pelopon-
nesus came to an end. If we place the completion of the
Homeric poems in the Mykensean age, we shall be compelled
to believe that the genius of the Greeks after producing
these two splendid epics lay dormant and produced no
literature whatever till the age of Hesiod, which was three or
four centuries later. On the other hand stand facts which,
till Schliemann made his discoveries at Mykense, were sup-
posed to prove that the Iliad at least was completed before
the Dorian migration. The Iliad does not mention the
Dorians nor the Greek settlements in Asia Minor, nor does
it say anything about mercantile maritime adventure, which
must have become common long before the Dorians of
Corinth could found their colonies of Kerkyra and Syracuse.
The arguments against supposing that the Iliad and the
Odyssey were finished in the Mykensean age seem strong.
chap, ii.] ANALOGY OF THE ARTHURIAN EPIC 21
The value of the opposing arguments from omissions or
reticences is hard to estimate offhand. We cannot tell by
the light of nature how epic poets would act in selecting
facts for the adornment of their narrative, what they would
take and what they would omit. But we may get indica-
tions to guide us from observing what amount of regard
was paid to historic verities and to accuracy in describing
the habits and institutions of peoples by the mediaeval
story-tellers who composed the epic romance of King
Arthur.
The legend of King Arthur can be seen almost at its
beginning, and nearly all the stages of its growth can be
traced : for many of the statements and stories _ . _
J < < The Arthur
from which it was derived can still be read in of Nennius
their earliest written forms. Gildas, the first andGeoffry-
British writer of whose works anything survives, gives us in
his Be Excidio Britannia? a picture of desolation unre-
lieved by achievements of any hero. He does indeed tell us
that in the year of his own birth, forty-four years before the
time at which he was writing, the Britons signally defeated
the Saxons at the Mons Badonicus; but he does not mention
the name of any British warrior who shared in the glory
of the victory. Among all the marvellous battles in which
Arthur was afterwards said to have been the victor, the
fight at Mons Badonicus alone actually occurred. The year
520 a.d. is the earliest to which the battle can be assigned,
and therefore 564 is the earliest possible date for the writing
of the De Excidio Britannice. Since no mention of Arthur
is made by Gildas we may infer that till after 564 no hero
named Arthur was conspicuous in British story. Nennius,
a Welshman or Briton, who wrote soon after 700 a.d.,1 makes
Arthur a splendid British champion, and says he won twelve
1 The probable date of Nennius is discussed in the introduction to the
edition of his work in Mon. Germ. Hist.
22 GROWTH OF THE [chap. ii.
battles : one was the battle of the Mons Badonicus, the rest
were imaginary. Thus the years 564 and about 720 are the
extreme limits between which a legend of Arthur came into
being. In the first half of the twelfth century Geoffry of
Monmouth tried to prove that the Britons had never been
subject to the Romans nor overpowered by the English.
He makes the Arthur of Nennius a prime figure in his in-
vented narrative, but the necessary inconsistencies in his
story are so glaring that his work has none of the charm of
a good romance. Wace of Normandy in his poem Brut
followed Geoffry, and, having no controversial object, made
a story which can be read with interest.
From about 1175 continental writers, among whom none
but Chretien de Troyes, the author of Perceval, is known to
Th „ . me by name, composed stories of the Quest of
Grail and the Grail, unconnected with the Arthur of
Geoffry. In 1200, or a little earlier, a Frenchman,
Robert de Boron, who is supposed by his editor, M. Gaston
Paris, to have lived somewhere between Normandy and
Flanders, composed his poem Merlin, which was perhaps
designed to form part of a trilogy Joseph-Merlin-Perceval}
He borrowed largely from Geoffry or from Wace, but cared
nothing for Geoffiry's controversial aims, and merely tried to
make a vivid and edifying story. The country of Merlin
and Arthur is to him ' Engleterre,' he knows nothing of
Britons as distinct from Englishmen, and seems to have
regarded Arthur as a member of the family from which his
own contemporary Richard Cceur de Lion was descended.
But, for the adornment of his story, he makes the prede-
cessors of Arthur and Arthur himself employ the same
officials for governing their subjects as were employed by
the French kings of the twelfth century for the government
1 Merlin, ed. Gaston Paris (Firmin Didot, Paris, 1886), especially pp.
ix-xxiii.
chap, ii.] ARTHURIAN EPIC 23
of their demesne. The kings whom he places in 'Engle-
terre ' as predecessors of Arthur had a conseil depreudommes
just like the French Curia : Vertigiers (Vortigern), seneschal
to King Moine, and Sir Kei, seneschal to King Arthur, are
precise copies of the seneschaux who figure so largely in
the history of King Louis le Gros.1
Romances suggested either by the Merlin of Robert de
Boron or by the Perceval of Chretien de Troyes form the staple
of the Arthurian legend in its mature form. De
-r, , . . . - Later con-
.Boron s poem was put into a prose version of tritmtions to
which copies exist both in manuscript and in the legend
r . r of Arthur.
print: from that version followed L'Estoire de
Merlin, La Suite de Merlin, and Les Propheties de Merlin.2
In the vein of Chretien de Troyes came Le Sainct Graal,
Lancelot, Tristan.3 Robert of Gloucester, writing about
1300, and Huchown, or Hugon, or Hew of Eglintoun, about
1370 or 1380,4 followed in the main Geoffry, but added in-
cidents of great interest : Robert of Gloucester says that
Arthur held a Parliament at London, and Huchown that
he not only held a Parliament at York but in his Parliament
put a stay on all vessels in English ports, because he would
want them to transport his troops to the continent: the
1 For the Curia see my twentieth chapter : for the French seneschaux,
Suger, Vita Ludovici Grossi.
2 The prose version of de Boron's Merlin is published by M. Gaston Paris
in pp. 1-146 of his Merlin. The text of L'Estoire de Merlin, which till
recently bore the very inconvenient name, Le Merlin Ordinaire, was
edited by Dr. Oskar Sommer for the Carnegie Institute at Washington,
and was published in 1908 under its proper title as vol. ii of the Vulgate
Version of the Arthurian Romances, by the Carnegie Institute. La Suite de
Merlin is printed in Gaston Paris, Merlin, beginning at p. 147 of vol. i., and
extending to the end of the second volume.
3 For all the sources of the Arthurian epic see vol. iii. of the excellent
edition of Malory's Morte d' Arthur by Dr. Oskar Sommer.
4 Robert of Gloucester, Rolls Series, ed. W. Aldis Wright. On Huchown
see Quellen und Forschungen zur Sprach- und Culturgeschichte der german-
ischen Volker, No. 76, The Pistel of Swete Susan, ed. by Dr. Ko'ster;
Triibner, Strassburg, 1895.
24 MALORY'S MORTE D'ARTHUR [chap. 11.
statement of Huchown is manifestly derived from a know-
ledge of the practice adopted frequently by Edward the
Third of England in his war against France. Lastly, after the
middle of the fifteenth century, Sir Thomas Malory took
Robert de Boron, L'Estoire de Merlin, Le Sainct Graal,
Lancelot, Tristan, and Huchown's Morte d' Arthur, and from
them 'reduced' the epic romance of the Morte d' Arthur.
His work was finished in 1469, and in 1477 it was published
by Caxton, who wrote for it a most interesting preface.
Malory's romance, which gives the legend of Arthur in
its final form, and therefore corresponds to the Iliad and
, Odyssey as we possess them, does not mention
Morte that Arthur was a Briton, nor that the English
had conquered the Britons, nor that some genera-
tions before Malory's time they had been exporters of wool,
but in his own time spun and wove most of their wool at
home, nor that their army in his time consisted no longer
of knights on horseback but of bowmen on foot. From his
omissions we see that he took from his predecessors what he
wanted for the adornment of his stories and did not trouble
himself about historical facts. After observing what facts
this mediaeval romance passed over in silence, I do not
think it possible to argue that because the authors of the
Iliad and the Odyssey did not mention any events or con-
ditions, those events or conditions were unknown to them,
and think that the strong reasons already given for believing
that the poems were written long after the Dorian migration
may be accepted as conclusive without involving us in any
improbable suppositions.
Even if we admit no more than that we cannot be certain
that the Iliad and Odyssey were completed before the
migration of the Dorians, we are precluded from asserting
that they tell us anything about the political institutions
of the Mykenaean age : they may have borrowed pictures of
chap, ii.] CONCLUSIONS 25
political life from anywhere and transferred thern into the
age of the heroes, just as the authors of the Arthurian
romance borrowed a seneschal from France in „
Conclusions
the twelfth century, and a parliament and privy from the
council l from England nearer to Malory's time, '""S"11161115-
and transferred them all into the imaginary realm of the
Britons and King Arthur. The scenes of political or military
assemblies and of military councils in camp which occur in
the Odyssey and the Iliad are such as could have been
copied or adapted from the actual life of the Greeks in
Sparta, Argos, Corinth, or Athens, in all of which places
military kings were ruling in the age of the Dorian con-
quest, and afterwards kings and nobles shared the work of
government between them. Hence it seems clear that the
Homeric poems do not tell us anything about the political
life of the Greeks in prehistoric ages beyond what we know
independently of them from other sources.
1 Malory himself is, I believe, the first who gives Arthur a privy council.
CHAPTER III
GREECE BEFORE 650 B.C.
The Balkan peninsula joins the main block of the European
continent in a line reaching from Fiume near Trieste to
Physical Odessa on the Black Sea. It is cut into three
geography chief compartments by two lines of mountains
of the . r . , m, .
Balkan running across it from east to west. 1 he northern
peninsula. jjne j^ ^G Balkan range with its prolongation to
the west, and extends from Varna to Montenegro. The
southern line starts with Mount (Eta near the north-
western end of Eubcea, and runs east to the Gulf of Arta
on the Adriatic Sea.
The three compartments of the peninsula are of very
unequal importance in the history of Greece. With the
northern compartment, consisting of lands that lie to the
north of the Balkan range and drain into the Danube, the
ancient Greeks had no dealings. In the middle compart-
ment the only inland regions that had much importance
for the Greeks were Thessaly and Macedonia ; but on all the
coasts of this second compartment except those of Thessaly
and Epeirus they made settlements. The third compart-
ment of the peninsula lying south of Mount (Eta was the
home of the most important Hellenic peoples : and I shall
designate it by the name Hellas, though the word was
occasionally used in a somewhat wider signification.
Hellas, which, thus defined, covers an area no larger
than a third of England or half of Scotland or Ireland,
is effectually isolated from the rest of Europe by the
2C
chap, in.] PHYSICAL GEOGRAPHY OF GREECE 27
range of Mount (Eta, and is cut up by a network of
mountains into smaller natural divisions than any other
region that has been a home of civilised peoples. .
Its mountain ranges are as near together as geography
those in the very heart of the Swiss Alps, and ° e as'
it has no long valley like those of the Rhone, the Rhine,
and the Inn, which provide Switzerland with its largest
natural divisions: no point in Hellas is more than sixty
or seventy miles distant from the sea, and therefore its
valleys are short.
The largest areas in Hellas that can be confidently counted
as natural divisions are Lacedaimonia and Attica : each of
them is equal to a rectangle measuring about
forty miles by twenty, and is of nearly the same divisions of
size as Oxfordshire or Cambridgeshire. The valley e s'
of the Kopais, the home of the Phokians and the Boeotians,
is about twice as large as Lacedsemonia or Attica, but is
naturally subdivided : mountains mark a division between
Phokis and Bceotia, and within Bceotia the swamps of the
shallow lake Kopais and the rocky character of the northern
shore of the lake interrupt communication and cut up
the land into many distinguishable natural subdivisions.
Messenia and Elis are almost as large as Lacedsemonia or
Attica, but it is doubtful whether Elis is one natural area
or divided into three. Argolis, the last of the larger natural
divisions of Hellas, is rectangular; from east to west it
measures twenty-five miles, and from north to south fifteen.
Of the lesser natural areas in Hellas the most considerable
measure about ten miles by ten or twenty by five. Among
them are those in which stood Corinth, Epi- ^L ,
1 The lesser
daurus, and Megara, the valley that contained divisions of
Sikyon and Phlius, and twelve dales in Achaia, Hellas-
on the south side of the Corinthian gulf, which are com-
pletely kept apart from the rest of the Peloponnesus by the
28 PHYSICAL GEOGRAPHY OF GREECE [chap. ttt.
great mountain chain of Erymanthus and Kyllene, and are
in most cases fenced off from one another by mountain
barriers. The natural comminution of the ground into
very small areas is most extreme in Arcadia, yEtolia, and
Akarnania, where the whole surface is a network of rocky
mountains with very few pieces of fiat ground and without
even a straight river valley.
The mountain barriers between the natural divisions of
Hellas are with few exceptions strong for defence against
The such efforts to penetrate them as could be made
strength by peoples in an early stage of civilisation. The
of natural ' *? , , ■, • ,
frontiers in exceptions that can be noted in a good map
Hellas. are these : x the mountains between Bceotia and
Phokis are not formidable, and Megara is only divided
from Attica by rocky hills which can be traversed without
much difficulty.
The islands and coasts of the iEgean Sea are scarcely less
important in Greek history than Hellas itself. Eubcea, a
. , J - hundred miles long, is by far the largest of the
Islands and t . .
coasts of the islands, but is nearly all filled with mountains,
jEgean ea. aQ(j ^Q largest clear space in it is one measuring
about twenty miles by fifteen in which stood Chalkis and
Eretria. Lesbos, about as large as Attica, is divided into at
least five natural areas. The other islands are smaller, and
are almost filled up with mountains, and the few clear
spaces in them usually measure only three or four miles
across. The western shore of Asia Minor is cut up into
small valleys and amphitheatres, and in that respect it is
like most of the shores of Hellas ; but it is not permanently
ensured from being attacked from the land. It is pierced
by the channels of the large rivers Mseander, Kayster, and
1 A map published in Philipson, Peloponnesus, gives contours. For
regions outside the Peloponnesus the official map of Greece, published in
Vienna in 1885, is the best.
chap, in.] MARITIME CITIES 29
Hermus, whose sources lie in the high table-land of Phrygia,
two or three hundred miles inland : hence any strong power
settled about the sources of the rivers would be able to
descend by the valleys and attack the dwellers by the sea-
shore.
During a period of about four centuries after the migra-
tion of the Dorians the youthful Greek peoples were forming
their habits and characters. By about 650 B.C.,
when the four centuries end and European peopies
chronology begins, they can be arranged in about
three groups : first, peoples mainly employed in
maritime and commercial pursuits ; second, peoples entirely
ignorant of seafaring ; and third, peoples who divided their
attention between the land and the sea.
The peoples who were mainly employed in maritime
and commercial pursuits were much more numerous than
all the rest. Long before the beginning of
chronological history peoples of this sort had and
been established in the islands of the ^Egean commercial
cities.
Sea, on the coast of Asia Minor, in about half a
dozen of the smaller natural divisions of Hellas near the
isthmus of Corinth, along the northern shores of the vEgean
Sea, and all round the Sea of Marmora. A most character-
istic feature of these peoples is that their territories were
of very small extent and contained no place of any
importance except a single city, and, in case the city itself
stood inland, one or more adjoining seaports for the
accommodation of its shipping. As each territory con-
tained nothing of importance beyond the city and its seaport
or seaports, which were practically part of the city, the
purely maritime and commercial Greek peoples may be
called simple urban peoples, and the community inhabiting
one of them at any given time may be called a simple urban
community.
30 TERRESTRIAL GREEK PEOPLES [chap. hi.
The Greek peoples ignorant of seafaring were, if we
neglect the barbarous iEtolians and their like, the inhabitants
_ .. , of Lacedsemonia, of Messenia, and of Elis ; with
Terrestrial
Greek them may be probably counted also the Boeotians,
peopes. wj^ bought faey hg^j decent access to the
Corinthian gulf, do not appear to have made any use of
it. In Bceotia there were about fifty towns : x eight or
ten of them were strong fortresses. Originally these strong-
holds were probably independent: when first we know
anything about them they had formed a confederation
under the presidency of Thebes. About Elis little is known
and nothing shall be said. Messenia by about 750 B.C. was
already all ruled by a king residing at Stenyklarus. In
Lacedsemonia the Dorians soon after they had conquered
the country founded twelve or fourteen independent villages.
Sparta was the strongest, and its inhabitants reduced all the
other villages to obedience, and seemingly to contentment
under their rule, though they never gave them a particle of
political rights. Between 750 and 650 the Spartans, with
the help of their subject villagers whom they called Periceki,
or Dwellers Around, accomplished an enterprise such as
no other Greek people ever attempted. They invaded and
conquered Messenia, though it was outside their own
natural frontiers ; but they found it impossible to keep its
inhabitants in subjection without reducing them to a
condition of serfdom, and to the name of Helots. In 650
B.C. Sparta was a strong military village, and its inhabitants
were the most formidable fighters in Hellas, but were
compelled to spend most of their energy in constant
efforts to prevent their Messenian serfs from rising in armed
rebellion.
The peoples that divided their attention between the land
and the sea were those that lived in Attica and Argolis.
1 Smith, Dirt. o/Geogr., article 'Bceotia,' vol. 1. p. 415.
chap, iil] ATTICA AND ARGOLIS 31
There was, as we have noticed, a people in Attica in the
Mykensean age of like civilisation with the men of Mykense :
from this primaeval Attic people the Athenians
of historical times were directly descended.1 In partly
regard to the political condition of Attica the ^&~£tiy
first thing we know is, that in some extremely maritime,
remote age the soil of the country was
parcelled out among about a dozen independent towns or
villages, of which Athens was the strongest. In the course
of time Athens conquered the other towns and undertook
to govern them ; 2 but we may conclude that the government
of them was difficult, because so late as the times of Solon
and Peisistratus sharp opposition arose between the country
of Attica and the capital. There is not any direct evidence
to show that the people of Attica had anything to do with
maritime enterprise in the period before 650 B.C. with which
alone I am concerned in the present chapter; but within
one or two generations after that date they had an important
organisation for providing their government with ships of
war, and this organisation was not likely to arise till a
century or two after they first took to maritime pursuits.3
In Argolis stood the two ancient strongholds of Mykense
and Tiryns. When a Dorian people conquered the country
they took Argos as their capital, but allowed
. m, . (2) Argolis.
Mykenoe and Tiryns to subsist. Their conquests
were not limited to Argolis, but included the districts of
Kynuria and Thyreatis, which are separated from Argolis
by the swamp Lerne. The work of keeping Mykense and
Kynuria and Thyreatis in obedience must have given them
employment in their own dominions; but somewhere about
1 For proof of this statement derived from the pottery found at Menidi in
Attica, see Frazer, Pausanias, 3. p. 138.
2 Thucydides, 2. 15.
:t See especially Herodotus, 5. 71 ; Aristotle, Ath. Pol., S.
32 THE GREEK PEOPLES, 650 B.C. [chap. m.
750 B.C. their King Pheidon also intervened forcibly in the
affairs of several neighbouring cities, and even marched an
army far away to the west to take part with the people of
Pisa, and to help them to usurp from the people of Elis the
honour of presiding in an Olympic festival.1 But though
the Argives were so active on the land, they also employed
themselves in external commerce; for Pheidon introduced
into Hellas the first system of measures, and his system was
afterwards taken into general use by many Greek peoples.
The peoples established in Attica and in Argolis were
alike in one characteristic. In each of them the authority
„. .. .. , to rule belonged to a single city ; but outside the
Similarity of ° .
Attica and city were places of some importance whose in-
Tg0 s' habitants could on occasion act for themselves
and might even be recalcitrant against the government in
the chief city. As the people both in Attica and in Argolis
was compounded of the community in the central city and
the communities in other towns or places which retained
some individuality, each people could be called a composite
urban people, and the community inhabiting it at any given
time could be called a composite urban community.
About the year 650 B.C., which for Europe marks the
beginning of chronological history, the Greek peoples of
which we have some knowledge were (1) the
of Greek Spartans, (2) a large number of simple urban
peoples, peoples, and (3) two composite urban peoples.
In the next four chapters it will be my business
to sketch the characters and institutions of these peoples
from the earliest times till 480 B.C., when Europe was
invaded by Xerxes, King of Persia.
1 Smith, Diet. Biogr., article 'Pheidon.'
CHAPTER IV
SPARTA TO 510 B.C.
In historical times the organs of the Spartan government
were two kings, a senate of elders, a general assembly of the
Spartiatoe, and five Ephors elected annually by the assembly.
One of* the kings reigned by right of direct descent from
Agis, the other by the like right derived from Eurypon.
The senate, called Gerousia, consisted of exactly twenty-
eight elders and two kings, and had therefore thirty
members. The original distribution of powers among the
four organs of the government is unknown : for the only
statements with regard to it that have been preserved rest
on a document which is probably a forgery.1
In the existence at Sparta of general assemblies of the
warriors and of the annually elected Ephors there is
nothing surprising : these institutions have their Dual
counterparts at Athens and in Rome. But the kin£shiP
presence of two kings reigning together by right of
descent from the founders of their respective families is
a phenomenon peculiar to Sparta, for which there is no
parallel elsewhere, and the fixity of the number of the
members of the Gerousia is unusual in a half-civilised
people. The duplication of the kingly dignity at Sparta
was puzzling to the ancient Greeks, and they invented an
explanation of it which probably has never seemed satis-
1 See two masterly articles by Dr. Eduard Meyer in Kheiniaches Museum,
18S6 and 1887.
C
34 PREHISTORIC SPARTA |chap. iv.
factory to anybody.1 Within the last hfty years a far more
plausible theory has been suggested.2 In Sparta, when it
was visited in the age of the Antonines by the traveller
Pausanias, there was a quarter named after the family of
Agis and containing their burial-place : another quarter
was the burial-ground of the sons of Eurypon.3 Hence it
has been conjectured that there was originally an inde-
pendent village or canton ruled by the sons of Agis and
another ruled by the sons of Eurypon, and that these two
villages or cantons were joined together to form Sparta.
It must be added that if this conjecture is sound we are
to imagine that the two villages or cantons joined together
as equals by consent of both, and not as the result of a
conquest effected by one of them; for if there had been
a conquest, the king of the victorious village or canton
would have reigned as sole king. If we adopt the theory
that the two villages or cantons were joined together as
equals by their common consent, everything strange in
the Spartan government is explained. It would be natural
that two communities joining together as equals should
stipulate that the heads of their ruling families should
always share the royal dignity as equal colleagues, and
that each of the ,two communities should have a fixed
number of its citizens as members of the Gerousia.4
In regard to the office of the Ephors there is a conflict of
authorities. Herodotus, our earliest informant, believed that
the board of Ephors was one of the institutions of
The Ephors. * .
a mythical lawgiver, Lykurgus, or, in other words,
that it was of immemorial antiquity. Aristotle, writing
1 Herodotus, 6. 51, 52.
8 By C. Wachsmuth in Jahrbuch fur class. Philol., 1868. See Gilbert,
Griechische Staatsalterthumer, vol. 1, p. 4, n. 2.
» Pausanias, 3. 14. 2, and 3. 12. 8.
4 See Gilbert, Oriech. Staatsalt., vol. 1, p. 4, who, however, is inclined
to think that three communities, joined together to form Sparta.
chap, iv.] CONQUEST OF MESSENIA 35
about a century after Herodotus, says that it was not
instituted till about 700 B.C. in the reign of Theopompus.1
But between the times of Herodotus and of Aristotle there
arose in Sparta in the year 399 B.C. a sharp conflict of
parties in consequence of a suggestion that the kingly
dignity ought no longer to depend merely on birth, but
should be made elective. The opponents of the suggested
alteration desired to make out that the kingly office was
far more venerable than any other organ of the government,
and it is probable that they may have invented the theory
that the Ephors were not instituted till the time of
Theopompus, and may have fabricated documents with
a semblance of great antiquity in support of their con-
tention.2 As the story told by Aristotle is likely to have
originated in a falsification of history, I have no hesitation
in trusting the testimony of Herodotus, nor in believing
that the office of the Ephors was established long before
the times of any of the kings of Sparta who are in any
degree historical personages.
The external progress of Sparta until 650 B.C. has already
been briefly delineated in the last chapter. It was effected
in two chief steps : the conquest of Lacedsemonia, conquest of
and the conquest of Messenia. The conquest Messenia-
of Lacedsemonia was probably completed not later than
800 B.C. The Spartans after they had conquered the
other villages in Lacedajmonia no doubt treated them well,
and obtained their willing support in their next great
enterprise, the conquest of Messenia. That enterprise was
begun somewhere between 750 B.C. and 700 B.C., and by
about 700 B.C. in the reign of Theopompus it was partially
effected ; but, as Messenia is nearly as large as Lacedasmonia
and is separated from it by a natural barrier of mountains,
1 TT>rodotus, 1. 65 ; Arist., Pol., 5. 11. 2, 3; Bekker, Oxf., 1837.
- .Sec Dr. Kduard Meyer in Rheinisches Museum, 1886 and 1887.
36 SPARTAN DISCIPLINE [chap. it.
the Messenians, who were almost as good fighters as the
Lacedaemonians, could not be kept in subjection by any
gentle methods ■ and somewhere about 650 B.C. the Spartans
took the resolution of turning them into serfs, to whom they
gave the name of Helots, or captives taken in war. A part
of the Messenians, comprising no doubt the most energetic
men in their nation, were carried away into Lacedgemonia,
and their services were assigned by the Spartan government
to the use of individual Spartans : the masters settled the
Helots thus assigned to them on little plots of their own
ground, whence they compelled them to render a fixed
proportion of the produce. The remainder of the Messenians
were left behind as agricultural serfs in their own country,
where they needed to be constantly watched by patrols of
Spartan warriors.
After the Spartans had enslaved the Messenians they
were compelled to adapt their lives and habits to the
spartan tas^ °^ keeping them enslaved. Thucydides.
discipline, writing of the year 424 B.C., says that till that
time all the institutions of the Lacedaemonians were
framed specially with a view to the Helots, to guard against
their insurrections.1 From Xenophon's description of the
Lacedaemonian commonwealth we can see that from the
time of the enslavement of the Messenians the Spartans
took so completely the character of a garrison of slave-
masters that they lost most of the qualities, and disregarded
most of the aims, which are present almost universally
in political communities. In order to qualify themselves
for their great task of keeping down their Messenian serfs
they submitted themselves to an exceedingly rigorous
system of military discipline, trained themselves to endure
hardships and poverty without intermission, and abjured
wealth, luxury, commerce, and even the art of agriculture,
1 Thucydides, 4. 80.
chap, iv.l WARS OF THE SPARTANS 37
which they left to the Perioeki.1 The chief business of
the Spartan warriors consisted in acting in bodies of
armed policemen to prevent the Helots from rising in
rebellion.
Though the Spartans from about 650 B.C. were constantly
busy at home in watching the Helots, they yet were able
about a century later to undertake fresh enter-
. , . . . .j. Wars of the
prises outside their own territories. irom Spartans,
about 560 B.C. they engaged in a war with the s6° B-^-"
547 B«C»
neighbouring city of Tegea, and after a contest
which lasted many years they compelled it to submit and
to be taken under their protection.2 About 547, marching
over the mountains that separated them from the territory
of the Argives, they conquered and annexed the districts of
Kynuria and Thyreatis : 3 this time they were strong enough
to keep the conquered inhabitants in subjection without
enslaving them, and henceforth they were indisputably the
strongest power in the Peloponnesus. It is almost certain
from an expression used by Herodotus that from 547 onwards
they enjoyed such an acknowledged superiority over some of
their neighbours, especially the people of Elis and some of the
Arcadians, that they would have been able to require them
to send soldiers to aid in any war in which they themselves
might chance to be engaged ; 4 but from 547 to 510 they had
no war to wage, and therefore needed no soldiers from their
neighbours.
During the whole period from 650 to 510 the Spartans
were mainly employed on the difficult task of keeping down
the enslaved Messenians: it was only for a short period
ending in 547 that they found leisure or strength to
' Xenophon, Hep. Lacedwm., 7 and 11. 2 Herodotus, 1. 66-68.
3 Ibid., 1. 82. See above, ch. 3, p. 31.
4 H>id., 1. 68. ij8r) 5i ff(pi Kali] iroWr) tt;j HeXoirovvfjffov ?jv KareffTpati^ivq.
In 508 B.C. a Spartan king demanded and obtained soldiers for a foreign
war from a large number of Peloponnesian states. Herodotus, 5. 74.
38 INSIGNIFICANCE OF [chap. iv.
engage in foreign wars. In the performance of the work
of repressing the Helots their real master was their
indifference rigid system of discipline : they had little need
of the Spar- 0f human'directors, and consequently it mattered
tans to the . " m .
. form of their little to them which of the organs of their
government. g0vernment was in the ascendant. They did
their work as policemen like machines, by routine and by
strict adherence to military discipline, and did not much
care who were their political rulers, provided that the
ruling body was small, so as to be able to give prompt
and secret orders in case of insubordination among the
Helots. Hence it seems to have been almost a matter
of chance which of the organs of their government came out
at the top.
The organs of the Spartan government were the two
kings, the Ephors, the Senate of Elders (Gerousia), and
s „ the assembly of all the Spartiatag. Of the as-
importance sembly and the Gerousia between 650 and 510
organs in we ^ear notnmg> an^ it is natural that we
the Spartan should hear nothing. The work of the as-
sembly consisted only in electing the Ephors
and occasionally in filling up a vacancy in the Gerousia :
and the Spartiatse cared very little about elections. The
Gerousia would have been a useful body for making and
maintaining foreign alliances; but the Spartans, at any
rate till about 550, had no allies, and there was therefore
no important work for the Gerousia to do. The remaining
organs of the government were the two kings and the Ephors :
between them the small amount of governmental work that
the Spartans needed was divided. The two kings when at
home had no prerogative rights beyond certain trivial
religious precedencies and perquisites, but when abroad
they were commanders of the army : the Ephors might at
any time be called upon to decide what measures should
chap, iv.] SPARTAN GOVERNMENT 39
be taken to repress the Helots. On the whole, it seems
likely that the Ephors were the least insignificant organ
of the Spartan government ; and this view is confirmed by
the story which tells us that King Anaxandrides, whose wife
was childless, was compelled by the Ephors contrary to bis
own wish to commit bigamy.1
1 Herodotus, 5. 39-41.
CHAPTER V
SIMPLE URBAN PEOPLES TO 480 B.C.
It is probable that the earliest maritime and commercial
towns of the Greeks were those on the islands of the -cEgean
Sea, which had been frequented by Asiatic traders in the
Mykensean age. Next after them would come the cities of
Asia Minor, and then the Dorian cities in the Peloponnesus,
and the cities established on the northern shores of the
iEgean Sea. Between 800 B.C. and 700 B.C. the most
important of the maritime towns were, if we may judge by
the colonies that they founded, Chalkis in Eubcea, Miletus in
Asia Minor, Corinth and Megara on the neck that joins the
Peloponnesus to the European mainland. By about 650 B.C.
many scores of maritime towns had been established in and
around the iEgean Sea and on the shores of Greece. All of
them except twelve towns in Achaia were inhabited by
separate and independent peoples, and all but one of these
independent maritime peoples conformed exactly to the type
of what I have called simple urban peoples : that is to say,
each of them had very small territory and had no places in
the territory except a principal town and sometimes one or
two seaports appended to it. The one city which diverged
perceptibly from the regular type was Megara, which in
addition to its territory on the isthmus possessed also the
important island of Salamis, separated from its own shores
by a strait half a mile broad.
Nearly all the maritime cities had the size of their territories
40
chap, v.] MARITIME CITIES INEXPANSIVE 41
fixed once and for always by natural frontiers so strong
that political boundaries could not deviate from them. But
even in the few cases in which a maritime Themari-
city did not occupy the whole of a natural jm not care
division of the land, and therefore was not for territory,
precluded by natural obstacles from getting fresh
territory, it usually remained content with what it
had. Sikyon occupied only the lower part of the valley
in which it stood, but it left the upper part to Phlius
without dispute. The territories of Corinth and Sikyon
in their lower parts adjoining the Corinthian gulf were
not separated by any defensible natural frontier, and
yet the two cities did not contend about the size of
their shares of the plain by the sea, though it was so
rich that that 'what lies between Corinth and Sikyon'
became a proverbial expression for great wealth. The only
instance known to me in which a maritime city got an
acquisition of territory occurred in Eubcea. Chalkis and
Eretria were about twelve miles distant from one another,
and as they were not separated by any natural frontier, the
rich Lelantine plain near Chalkis was a piece of debateable
land between them : about 600 B.C. the two cities were at
war with one another, Chalkis was victorious, and took the
Lelantine plain definitely into its possession.1 From the
extreme rarity of disputes about boundaries between the mari-
time cities we can see that they did not care about territory :
no doubt their inhabitants had their minds so set on com-
merce that they did not trouble themselves about parcels of
land. The maritime cities were from the beginning and
remained to the end territorially inexpansive.
As the maritime cities refrained generally from disputes
about territory, they were almost entirely exempt from wars
1 Strabo, p. 44S end = 10. 1, 12; Smith, Diet. Geogr., articles 'Chalkis'
and ' Eretria.'
42 GOVERNMENTS OF THE [chap. v.
waged on the land. If we take note of the number of the
maritime cities and of the number of the wars by land in
The man- which any of them were engaged between 650 B.C.
time cities and 510 B.C., the disproportion between the two
wage wars numbers will be apparent. From 650 B.C. to
by land. 559 BC> there were about a hundred independent
maritime cities ; after 550 B.C., when Croesus, King of
Lydia, subjugated the cities of Asia Minor, there were
about three score. The number of recorded wars waged
on the land by any of the maritime cities between 650 B.C.
and 510 B.C. is three. One war was that between Chalkis
and Eretria, which has been already mentioned ; the second
was that in which Megara fought against Athens in the time
of Solon in defence of Salamis ; and the third was that in
which the Megarians tried to defend their seaport of Nissea
against the Athenians under the command of Peisistratus.1
Since the maritime cities were generally well protected by
natural frontiers, and were exempt from the fear of war by
Govern- land, they had no need to defend their territories,
maritime * -^n political communities as a general rule the sole
cities. cause that first produces good and just govern-
ments acting for the good of all is the fear of invasion,
which compels all classes to look to the defence of all,
and obliges the rulers to be considerate of all classes of
the population, in order that all may fight zealously in a
common cause. In the maritime cities this incentive to the
establishment of good and just governments was absent.
The governing body in the maritime peoples with small
territories, which I have called simple urban peoples, was
always a single class or single person, and that governing
body was at liberty, if it thought fit, to govern solely for the
promotion of its own selfish desires, because it did not fear
1 Herodotus, 1. 59. [lIei<ri<rrparos] evdoKinrjffas iv tj vpbs Meyap^as yevon^vrj
(TTpaTrjyiri, 'Siaalav re eXwn (cat 4\\a anodti-dfitvos neydXa. Zpya.
chap, v.] MARITIME CITIES 43
invasion from foreigners, and therefore did not need to be
protected by the willing exertions of its own subjects.
In regard to the governments of individual cities our
information is scanty : we know more about the governments
of Corinth, Megara, and Naxos than about any
others. At Corinth the Dorians, while they were
making the conquest of the territory, must have had a strong
king as military leader ; but, when the conquest had been
completed and the descendants of the conquerors had grown
into a maritime and commercial people, kingship became
superfluous. About 650 B.C. we learn from Herodotus, who
is by four centuries our earliest informant on the matter,
that the Corinthians were ruled by a powerful clan called the
Bacchiadaj, and this clan in order to keep itself a distinct
caste forbade its members to marry anyone outside the clan :
and since Herodotus pointedly remarks that a lame woman
of the Bacchiad clan whom no Bacchiad would marry, and
who was therefore allowed to marry outside the clan, had a
husband who lived in a village, we may conjecture that it
was usual for all the Bacchiada3 to reside in the city of
Corinth.1 In Diodorus, who wrote four centuries after
Herodotus, we find a statement that the Bacchiadse were all
descended from an ancient king of Corinth named Bacchis :
the assertion is probable enough, but it may have been
invented because it seemed probable.2 What the govern-
ment of the Bacchiadse may have been like when first it was
established we do not know; but we can be sure that
eventually they governed selfishly, because their overthrow
was brought about by violence.
The leader of the revolution that put down the Bacchiadse
was Kypselus. No doubt he declared himself a champion
of the poorer citizens, and with their aid overpowered the
Bacchiadse : when the victory was won, his adherents, being
1 Herodotus, 5. 92. 2. s Diodorus 7, fragment 9.
44 CORINTH, MEGARA [chap. v.
devoid of political experience, were unable to do anything
but submit obediently to his despotic commands. Kypselus
Corinth. was succeeded as arbitrary ruler of Corinth by
o/the y his son Periander, about whom many stories have
Kypseiidae. been remembered or invented ; in the following
generation the heir was a weak man, and despotic govern-
ment soon came to an end.
After the extinction of the house of Kypselus, which
occurred about 580 B.C., no precise statement has been
Corinth. preserved to tell us how Corinth was ruled ; but
Government Pindar, in distinguishing the members of the
after family of the OligcethidsB as being gentle to
580 B.C. their countrymen, implies that Corinth in his
time was ruled by a group of wealthy families, and that
some of them were not gentle.1
At Megara the succession of governments till about
610 B.C. was the same as at Corinth. Power was at first
lodged exclusively in the hands of certain rich
Megara. . .
families, but somewhere about 640 B.C. their
oppressive rule provoked a popular insurrection against them
under the leadership of a man named Theagenes, who, when
the rebellion had proved successful, established himself as
despotic ruler. About 610 B.C., as we have already noticed,
Megara engaged in a long war with Athens both by land and
sea. In the war Megara lost Salamis, and in consequence of
the results of the war took a different form of government ;
but what the new government may have been it is impossible
to determine with any approach to accuracy.2
Naxos stands midmost among the many islands of the
iEgean Sea. It measures about eighteen miles by twelve, and
is one of the larger Greek islands ; but it consists of nothing
but a mountain with some little valleys and amphitheatres
1 Pindar, 01. 13. 2 and 97.
2 Aristotle, Politics, 5. 5, 9 ; Bckker, Oxf., 1837 ; Theognis.
chap, v.] NAXOS 45
about its sides. In one of the small clear places on the north-
west of the island, the inhabitants founded one of the
earliest of the maritime Greek cities, which like
Naxos.
the island bore the name of Naxos. About
540 B.C. a Naxian named Lygdamis, with the aid of Peisi-
stratus of Athens, established himself as despot in his native
city.1 As late as 532 B.C. we know that Lygdamis was still
reigning : after that time we lose sight of the city of Naxos
for about a generation.2 About 502 we learn from Herodotus
that the government of the city was entirely in the hands of
the poor citizens, and that some of the wealthier inhabitants
had been driven into exile.3 From these facts we may infer
that since the days of Lygdamis there had been a time when
the rich class had governed the city, or tried to govern it ;
that they had offended the poorer citizens, and that a
revolution had occurred, which had ended in the establish-
ment of the poor in exclusive enjoyment of power, and in
the expulsion of some of the rich who had been regarded as
their oppressors.
At Corinth, then, after it became commercial and non-
belligerent, the first government was the exclusive rule of
the wealthy princes of the blood royal. Any ex-
clusive rule of the few rich was called by the mentsof
Greeks Oligarch la, or the rule of few ; and, as the Corinth,
earliest government of commercial Corinth was and Naxos:
exclusively in the hands of men who were noble general
. . view,
as well as rich, we may call it an oligarchy of
birth. The second government at Corinth was the absolute
rule of a usurper : to this kind of government the Greeks
gave the name Tyrannis. The third government at Corinth
was an oligarchy, probably rather of wealth than of birth.
At Megara the first known government was oligarchia, the
1 Herodotus, 1. 61 and 65.
- Smith, Diet. Biogr., article 'Lygdamis.' s Herodotus, 5. 30.
46 CLASS GOVERNMENTS [chap. v.
next tyrannis. At Naxos the earliest government of which
we read was tyrannis ; after an interval of about thirty years
the Naxian government was the exclusive rule of the poor :
the name given by the Greeks to the exclusive rule of the
poor was Demokratia, the rule of Demos, or of all the citizens,
among whom the poor by their superior number are
predominant.
It must be confessed that the governments in the great
majority of those small maritime commercial peoples which
I have called simple urban peoples are left un-
General m . L t l ■
view of the noticed in Greek history and literature : references
etwhablb* to tnem m Greek authors rarely tell any more
urban than that in the century from 600 to 500 many
peop e. o£ them were governed by tyranni. We have,
then, little direct testimony about the governments of the
individual cities. But Aristotle in his Politics takes it
for granted that the government of every Greek city was
either oligarchia, or tyrannis, or demokratia. Hence we may
conclude that in all the Greek cities about which we have no
direct evidence the governments were such as might bear
one of these three names : in other words, the government in
any one of these cities was always either the exclusive rule
of the rich, or the exclusive rule of one usurper, or the
exclusive rule of the poor. It will tend to simplicity of
statement if we adopt a single name to denote all these forms
of government, and I will accordingly call them class govern-
ments. The name is clearly descriptive of oligarchia and
demokratia, and it is not ill adapted to designate tyrannis,
since a tyrannus was a class by himself, having interests and
aims which he shared with no one. It is then possible to
say briefly that the governments of all the simple urban
peoples in early Greek history were class governments.
The simple urban peoples of the Greeks were so strong
within their natural bulwarks that none of them could be
chap, v.] POLYKRATES 47
occupied, conquered, and governed by any other Greek power.
It was, however, possible for any one of them, if it possessed a
great superiority of naval force, to gain the power Poiykrates
to dictate to the governments of weaker urban ofSamos-
peoples. Such a power was gained on one occasion only
before 480 B.C. The man who gained it was Poiykrates,
tyrannus of Samos. At some time in his reign, which lasted
from 532 to 522, he dominated several islands and many
towns on the shore of Asia Minor.1 He did not attempt to
govern them, since that was impossible ; he left them under
their native governments, but compelled those governments
to obey his orders in their dealings with the cities in their
neighbourhood. The Spartans were so jealous of his power
that they undertook an expedition to reduce it. We must
imagine, since they had no ships of their own, that their
forces were conveyed across the sea by some of the islanders
who shared their jealousy of Poiykrates.2 We know nothing
about the fortunes of the expedition except that it failed to
achieve the result which the Spartans expected of it.
1 Herodotus, 3. 39; Thucyd., 1. 13. 2 Herodotus, 3. 49-56.
CHAPTER VI
COMPOSITE URBAN PEOPLES TO 510 B.C.
Attica and Argolis, in the period before 510 B.C., differed
from the simple cities described in the last chapter : firstty,
because each of them was large enough to
Argolis. . ,. . .
contain towns or districts ot some importance in
addition to the ruling city ; secondly, because those towns or
districts sometimes had a will of their own; and thirdly,
because the countries themselves were not entirely exempt
from the need of waging wars by land. In regard to Argolis
it has already been noticed that the towns of Mykence and
Tiryns and the districts of Kynuria and Thyreatis might be
hard to keep in subordination : x a proof of this was given in
480 B.C. when the town of Mykense sent eighty hoplites to
take part in the defence of Greece at Thermopylae, though
the Argives gave them no permission to do so, and them-
selves refused to send a contingent.2 The wars of the
Argives in the time of Pheidon before 700 B.C. have also
been already mentioned:3 at a later date in 547 B.C.,
they had to fight again in a vain attempt to defend the
districts of Kynuria and Thyreatis from conquest by the
Spartans.*
As the Argives needed to exert themselves to ensure
their control over Mykense, and, till 547 B.C., over Kynuria
and Thyreatis, and as they waged some wars against
1 See p. 31. 2 Herodotus, 7. 202.
s See p. 32. * Herodotus, 1. 82.
48
chap, vi.] ARGOS, ATTICA 49
external enemies they found it advantageous to have a
single man as their ruler to direct their operations; and
accordingly they retained their old hereditary Government
kingship in ages when kingly power had been of Argos.
abolished in all the simple city states. In 480 B.C. there
was still a king reigning in Argos by hereditary right.1
The Argive kings, however, after 547 B.C., were incon-
spicuous, and in 480 B.C. the supreme power in Argos
belonged to a council in which the king was no doubt the
presiding officer.'- At that time, the government of Argos was
something like a constitutional kingship in mediaeval Europe.
Attica, after the Dorians had finished their migrations
and were settled in the Peloponnesus, was, like all the Greek
territories except Lacedsemonia and those that Attica.
bordered on it, exempt for ages from all thought of abolition of
serious external war ; at most, the Athenians only mgs ip"
engaged in trivial frays on their borders against the Megarians
or the Boeotians. Hence the Attic nobles, called Eupatridse,
with the princes of the kingly family, thought, perhaps as
early as 800 B.C., that they had no further need of kings to
act as their leaders. It is probable that till about 650 B.C.
there was no acute opposition between the interests of the
city of Athens and the interests of the country districts :
for, if the Eupatridre had foreseen the sharp strife that after-
wards ensued between the men of the Plain (which included
AtheDs), the men of the Sea Cliff, and the men of the
Highlands, they would have perceived that kingly power
might yet be useful for holding the city of Athens and
the country districts together. As it was, they gradually
diminished the prerogatives of the kings, and in 683 B.C.
finally abolished the kingly office.3
When the kings were gone, the general control of policy
1 Herodotus, 7. 149. ■ Ibid., 7. 148.
3 Smith, Diet. Antiq., articles ' Eupatrida;,' 'Archon.'
D
50 EUPATRID.E [chap. vi.
was vested in a council of Eupatridae, and details of ad-
ministration were entrusted to a board of nine archons,
Government aPP0U1ted annually by the council.1 For the
of the hearing of trials for high treason there was a
upa n ae. j^ court sitting in the Prytaneum, or House of
Government, under the presidency of the four Phylobasileis,
or Tribe kings, who were at the head of the four tribes into
which the people had from unremembered ages been
divided, and who were themselves members of the caste
of the Eupatridae.2
Each of the tribes in Attica was divided into twelve
naukrariae. When Kleisthenes long afterwards established
Attica : im- the demes, he set them up ' in lieu of the
portanceof naukrariae.' 8 As nine tenths or more of the
the country
districts be- demes were situated outside the city, we may
fore 600 B.C. -nfer tjiafc tke naukrariae aiso were for the most
part rural districts. Each naukraria contributed an equal
quota, to the naval and military forces of Attica, namely, a
ship and two horsemen; therefore the greater part of the
expense of providing the naval and military forces fell on
the population outside of Athens, and it would seem that
the country was economically more important than the city.
The government of the Eupatridae was unquestionably
what the Greeks called an oligarchia, since its members
Character were all of noble birth, and no doubt many of
of the them were rich; but it is quite likely that more
government
of the than half the rich men in the country may have
Eupatridae. not keen Eupatridae, and therefore without any
share in the work of government. The government of the
Eupatridae was conspicuously an oligarchy of birth rather
than of wealth. Some light is thrown on its general merits
1 Aristotle, Ath. Pol., 19.
2 Plutarch, Solon, 19, verbal quotation from the thirteenth Axon of
Solon's laws ; Pollux, 8. 111.
3 Ath. Pol., 21 : tovs Srjfiovs dvrl rQiv vavKpapiQy.
chap, vi.] EUPATRID^E 51
by an event of which the date can only be approximately
determined. Somewhere between 636 and 624 a dis-
tinguished Athenian named Kylon, who had been victor in
a contest at Olympia, and had married a daughter of
Theagenes, tyrannus of Megara, designed with the aid
of his father-in-law to destroy the government of the
Eupatridse, and set himself u'p as tyrannus in Athens. He
obtained from Theagenes a force of Megarian soldiers, and
also gathered adherents among the young Athenians of
about his own age : thus supported, he seized and occupied
the acropolis of Athens. The Eupatridse called on the
people of Attica to come and besiege him, and the country-
folk obeyed the summons. The invaders of the acropolis
were reduced to desperate straits for lack of food and water.
Kylon and his brother contrived to escape; but the rest
of the invaders, being unable to resist, took sanctuary as
suppliants at an altar in the acropolis. The ready response
of the country-folk to the summons of the Eupatridse
proves that the Eupatridoe were not generally unpopular, or,
at any rate, that their government was generally thought
preferable to that of the adventurer Kylon.1
In the half-century from 650 B.C. to 600 B.C. it is clear
that the condition of Attica underwent important changes.
One cause of changed conditions may have been
economic, and may have consisted in the adoption conditions
of new pursuits by the wealthy class. The other °5° B-C-
. 6oo B.C.
cause is well known : somewhere about 610 B.C.
the Athenians were involved in a war with Megara, which
was in all likelihood their first serious war with a foreign
enemy.
Until after the time of Kylon's conspiracy, which must be
1 The story of Kylon is told in Herodotus, 5. 71 ; Thucydides, 1. 126.
Where Herodotus and Thucydides are at variance I follow Thucydides.
See also Plutarch, Solon, 8-10.
52 WAK ABOUT SALAMIS [chap. vi.
placed between 636 and 624, there is no indication of strife
between classes : before 594, when Solon became archon,
New the rich had become grievous oppressors of
economic the poor, and the Eupatridae could not or would
not succour the oppressed. It is, on the whole,
likely that between 650 and 600 the rich men of Athens
became for the first time active in maritime and commercial
enterprise, and thereby greatly increased their wealth. It
has further been conjectured that the poor may have been
reduced to much greater poverty by a substitution of
payments in coined money for a system of barter ; and the
conjecture is plausible because the merchants engaged in
foreign trade would know the value of goods reckoned in
money, and the small cultivators would not.
When Ky Ion's fellow conspirators and his Megarian
soldiers had taken asylum at the altar on the acropolis, the
Atti . Athenians did not wish them to die where they
first foreign were, lest the altar should be profaned and some
divine vengeance should follow. Accordingly
the Prytaneis of the Naukrarise, who seem to be identical
with the four Phylobasileis, bade them leave their sanctuary,
promising that their lives should be spared ; but afterwards
the archons of the year, of whom Megakles, the Alkmaeonid,
was one, perfidiously put them to death.1 The Megarians
resented the murder of their fellow citizens, and some years
later Athens and Megara were at war for many years both
by sea and by land. The war ended when the Athenians,
directed by Solon, succeeded in taking the important island
of Salamis, which lay close to their harbours, and must
when in the possession of the Megarians have enabled them
to waylay the Athenian ships. The acquisition of Salamis
made the Athenians safe in their home waters, and the
advantage that they gained by holding it may have suggested
1 Thucydides, 1. 126 ; Herodotus, 5. 71.
chap, vt.] SOLON 53
to them the seizure of another commanding naval station at
a distance. Within a few years after the capture of Salamis
they succeeded in occupying Sigeuin, close to the strait of
the Hellespont leading to the Black Sea, and in getting it
adjudged to them at the end of a war by Periander of
Corinth acting as arbitrator.1
The long war against Megara, fought both by land and
sea, must have converted a large part of the poor peasantry
of Attica into trained soldiers formidable to the Solon,
rich merchants who had oppressed them. In S94 B,c-
594 B.C. the rich men conceded the demand made no doubt
by the poor, that Solon should be archon, and have full
powers to deal with the existing distress, and to make new
permanent laws and a new constitution.
The original sources from which the later Greeks drew
their knowledge of Solon's doings were his laws and his
poems. His laws were inscribed on revolving
, , . i t -i -i i • it Authorities
quadrangular prisms, and exhibited in a public forthe
place, where they remained at least till the time ^story of
r J Solon.
of Perikles : 2 complete copies of the poems may
probably have been in existence as late as the time of
Plutarch. Notices of the laws and quotations from the poems
may probably have occurred in the writings of later Greek
historians as Ephorus and Androtion : our knowledge of them
is derived from the Aristotelian Atheniensium Politeia, and
from the life of Solon by Plutarch. It is evident that Plutarch
was careful in his reading of Solon's laws : the Atheniensium
Politeia seems to have borrowed largely from popular
historical works and from pamphlets ; but its author has the
great merit of giving his reasons for his opinions, and thus
provides us with means of judging which of them are correct.
1 Herodotus, 5. 95.
2 Plutarch, Solon, 25 ; quotation from Kratinus who was contemporary
with Perikles.
54 CLASSES IN [chap. vi.
Solon made temporary enactments to relieve the poor
from their extreme distress, established permanent laws
Solon's tending to prevent injustice or oppression in the
constitution. fut,ure> and finally devised a new constitution. In
his constitutional reforms he tried to do what no man before
him had attempted, and only one Greek after him1 succeeded
in accomplishing: he tried to supply a community ruled
by a single commercial city with a government that was not
the uncontrolled rule of a single class or of a single person,
but was founded on a fair division of powers among all classes.
Before Solon's time all political power had belonged to
one class, the Eupatridre, distinguished from the rest by
Classes in birth. Solon recognised four classes, discrimin-
Attica. a£e(j from one another not by birth but by
gradations of wealth. The four classes recognised by him
were (1) Pentakosiomedimni ; (2) Hippeis, or horsemen, able
to keep a horse for service in war ; (3) Zeugitse, small land-
owners with a yoke of oxen, and (4) Thetes, labourers for
hire. The Hippeis, the Zeugitse, and the Thetes were
recognised classes before his time, as we can see from the
following facts. The author of the Aristotelian treatise on
the Athenian Constitution did not know what was the proper
definition of the second class, the Hippeis.2 Hence it follows
that no definition of it was given in Solon's published laws,
since any definition of it there given would have been known
to the author; and as Solon gave no definition, he must
have been sure that every one already understood who the
Hippeis were. The Thetes were a distinct class even in
Homer's age long before Solon's days: else the shade of
Achilles could never have said to Odysseus, ' I would rather
be Thete to a poor tenant-farmer than be king of all the
dead.' 3 Between the Hippeis and the Thetes, and bordering
on each of these two classes, came the Zeugitse ; and there-
1 Kleisthenes. 2 Arist., Ath. Pol., 7. 3 Odyssey, 11. 489-91.
chap, vi.] ATTICA 55
fore they also must have been a distinct class before Solon's
time.
The Pentakosiomedimni were the richest class, comprising
all those who gained from their lands every year not less
than five hundred medimni (about seven
hundred bushels), in aggregate produce of corn, of 0ffices
oil, and wine, or had from any source an income am°n£:
classes.
of five hundred drachmae. The clumsy name
Pentakosiomedimni looks as if it were made by a lawgiver,
and the precise statements which inform us of its meaning-
may probably be copied from a definition of it given in
Solon's published laws : hence it is likely that Solon found
only the classes of Hippeis, Zeugitse, and Thetes already
recognised, and that from the Hippeis he took out the
wealthiest and formed them into a new class of rich men.
Among three of his classes he distributed all public offices.
The Pentakosiomedimni were alone eligible to the archon-
ship and the treasurership ; the Hippeis and the Zeugitse
could hold lesser offices suitable to their condition ; and the
Thetes alone were incapable of holding places in the
administration.1
The organs in the government were these: (1) Nine
Archons, (2) a Senate, (3) Popular law courts, called
Dikasteria, (4) a Council of Four Hundred, Solon,s
(5) Assemblies of the citizens. The board of constitution:
nine archons proved to be the strongest of these
five organs, and therefore it is important to examine the
evidence as to the method by which the archons were
appointed. The Atheniensium Politeia says they were
taken by lot from forty selected candidates. But the author
confesses that his opinion is founded on the practice pre-
vailing in his own day, two and a half centuries after Solon,
in the appointment of treasurer : 2 and his opinion is incon-
1 Arist., Ath. Pol., 7. 2 Ibid., 8.
56 SOLON'S [chap. vi.
sistent with his own statement, made later on, that strife
about the appointment of archons within four years made it
impossible to have any archons at all.1 As strife about that
which is settled by hazard is inconceivable, it seems certain
that Solon simply ordered that the archons should be elected
by the whole Attic people. If any confirmation of this
conclusion is needed, it is found in a passage in the Politics
where Aristotle says that Solon gave the common people
only the necessary minimum of power, namely, the right of
electing magistrates, and of holding them to account at the
end of their year of office.2 As none but a Pentakosio-
medimnus was eligible as archon, and as the archons were
chosen by free election, Solon did his best to ensure that
the chief executive magistrates should be well qualified by
station and the public estimation of them to fulfil their
important duties.
The Senate was called the council of the Areus Pagus, or
in Latin the Areopagus, and was intended to take the place
of the old council of the Eupatridse. It was to
consist of archons and ex-archons, and its
members were to hold their places in it for life. We do not
know what functions were entrusted to it; but its power
was large, since it was called guardian of the laws.3
The powers of the Dikasteria, the popular law-courts, were
very large, since they had the right of hearing appeals from
the sentences of archons, and, if they thought fit,
Dilcctstcrici
of reversing them. It is probable also that
when an archon rendered account of his doings at the end
of his year of office, he was to render it before a dikasterion.
In regard to the council of Four Hundred everything is
obscure. We do not know to what body or bodies Solon
intended to entrust the work of making new laws, when
1 Arist., Ath. Pol, 13. ■ Arist., Politics, 2. 12, 1274a.
5 Atfu Pol., 8, vofio<pv\aKe7v.
chap, vi.] CONSTITUTION 57
new laws were needed; but Plutarch thought that both
the council of Four Hundred and the senate of the
Areopagus had some power of checking hasty Councii of
legislation. His view probably was that no new Four
law could be proposed to the assembly of the
people till it had been approved both by the Areopagus
and by the Four Hundred.1
From what Aristotle says in a passage cited a little way
back from the Politics, I am inclined to think that Solon
intended that an assembly of the people should Assemblies
be held regularly only once a year for election of the people,
of magistrates, and for appointing a dikasterion to hear
the outgoing magistrates render an account of their
proceedings. If new laws were wanted they must be
proposed before an assembly of the people, but Solon hoped
that new legislation might be long deferred.
When Solon had made all his changes, economic, legal,
and constitutional, he went away from Attica for ten years,
hoping that his regulations might for that space IU success
be kept intact.2 But his constitution only re- of Solon's
j . j. n i • j r r Ti. constitution.
mamed in lull working order lor lour years. It
was found that in his plan of government the chief power
was centred in the archons, and strife arose about the
elections of these important officers. In the fifth and the
ninth years of the new constitution, the strife was so hot
that no archons were elected : then about 582 B.C. a man
named Damasias was chosen as chief archon, and after the
end of his year of office kept himself in power for fourteen
months as a tyrannus, and had to be put down by force.
After his deposition, the people of Attica resolved to have
ten archons instead of nine, taking five from the Eupatridas,
three -from country landowners, and two from those engaged
in trades or professions. Whether this new regulation
1 Plutarch, Solon, 18, 19. 2 Arist., Ath. Pol., 11.
58 PEISISTRATUS [chap. vi.
remained in force more than one year we do not know, but
the people was divided into three angry factions. The rich
men of the Plain close to Athens desired that power should
belong exclusively to the rich, and were led by Lykurgus ;
the men of the Sea Cliff (Paralia), who desired the supremacy
of the middle class or some moderate government, found
a leader in Megakles, head of the Alkmseonidse, the most
distinguished noble family in Attica ; the poor highlanders
of Diakria, who wished to gain some power for the poor, took
Peisistratus as their champion.1
It appears that at some time not long before 560 B.C.
Attica was involved in a fresh war with the Megarians : for
Peisistratus Herodotus tells us that Peisistratus distinguished
560 B.C.- himself by capturing Nissea, the port of the city
of Megara.2 When this success had made him
famous, desiring to gain supreme power, he wounded him-
self, and saying that his wounds had been inflicted by his
political opponents, asked an assembly of the people to grant
him a bodyguard of fifty men armed with clubs. On the
motion of a citizen named Aristion, his proposal was
granted : he probably increased his bodyguard much
beyond fifty, succeeded in taking the acropolis, and
established himself as despot. His power was not at first
firmly established. Twice his opponents the Alkmseonida?
succeeded in driving him into exile, once for about five years,
and once for about ten. It was probably a knowledge of
the insecurity of his position that led him to avoid giving
offence to his countrymen by selfish behaviour: from his
accession to power till his death thirty three years later, he
administered the affairs of Attica with moderation, and
rather as a citizen among citizens than as a tyrant.3
1 Arist., Ath. Pol., 13. 2 Herodotus, 1. 59.
1 Arist., Ath. Pol., 16, Siqkci to. kotA tx\v wtikiv /xerpius nal fidWov iroXirtKuit
% TvpavviKws.
chap, vi.] PEISISTRATUS 59
Peisistratus allowed archons to be elected every year, and
only used his influence to ensure that one of the archons
should be a member of his own family.1 Govern.
Elections of archons implied meetings of all mentof
Ppisist.rci.tiis
the citizens ; and if he allowed meetings he
may probably also have permitted the Dikasteria and the
Four Hundred to exercise their functions under his super-
vision. On the whole it seems likely that, while he kept the
substance of power in his own control, he let the people use
the forms of Solon's constitution : if this was his course, his
government was managed on the same methods as were
adopted afterwards in the Florentine Republic by Cosmo de
Medici and his grandson Lorenzo. The condition of Attica
was such as to give him always one useful task to perform :
he had to bring about reconciliation between the factions of
the Plain, the Sea Cliff, and the Highlands. He accom-
plished that task by lending money to impoverished yeomen
to help them to till their lands, and by setting up courts of
local justice:2 from his time the whole Attic people were
free from violent quarrels between localities. He also
promoted the foreign trade of the Athenians by getting
authority or influence in several Greek settlements outside
Attica. He established or restored his sovereignty in
Sigeum ; Miltiades, an Athenian, became ruler of the
Thracian Chersonese, and recognised Peisistratus as his
suzerain ; and in the important island of Naxos Peisistratus
established Lygdamis as tyrannus and so brought the island
into the position of a protected state.3
Peisistratus died in 527 B.C. and was succeeded by his son
Hippias. For thirteen years, till 514 B.C., Hippias followed
the example of his father in all respects ; but when
Harmodius and Aristogeiton, seeking vengeance for a
1 Thucydides, 6. 54. - Arist., Alh. Pol., 16.
3 On Lygdamis, see Herodotus, 1. 61, 65.
60 HIPPIAS [chap. vi.
merely personal affront, murdered his brother Hipparchus,
and were only prevented by an accident from taking his own
Hi ias ^e' ke was comPeUed to govern with despotic
527 B.C.- severity. His reign, however, only lasted till
510 B.C., and during the four years from 514 B.C.
to 510 B.C. the Athenians had their only experience of harsh
tyrannic government.
CHAPTER VII
SPARTA, ATHENS, AND PERSIA, 510 B.C.-480 B.C.
It has been shown already that till 510 B.C. none of the
Greek peoples outside the Peloponnesus except Megara
experienced an invasion of its territory. As these peoples
enjoyed immunity from invasion, they did not need to co-
operate for their mutual defence : and thus it followed that
because they had no important relations with one another
of a hostile character, they also had no important relations
in the way of alliance or friendship. Such dealings as they
had with one another either of a hostile or a friendly
character were purely commercial, and only settled how
their ships should behave on their voyages. Dealings
about maritime commerce do not bring about such intimate
relations between governments as dealings about territory ;
and in the absence of questions about territory the govern-
ments of the peoples outside the Peloponnesus remained
aloof from one another, and, being little acquainted with
one another, regarded each other with indifference or with
distrust and suspicion.
The political isolation of the peoples outside the Pelopon-
nesus had as its origin their belief in the impregnability of
their territories. Till 510 B.C. that belief was changes in
justified by experience. Between 510 B.C. and the Greek
. , i ,. i r o world, Sio
480 B.C. it was shattered, first by four Spartan B.c-480
invasions of Attica, and then by the beginnings BC-
and the culmination of a conflict between the Greeks and
61
62 SPARTAN INVASIONS OF [chap. vii.
the Persians. In the present chapter I shall tell of the inva-
sions of Attica by the Spartans, of an important consequent
change of constitution in Attica, and of the wars of the
Greeks against the Persian kings Dareius and Xerxes.
It has been noted already that between 532 and 522 the
Spartans were jealous of the power of Polykrates, the tyran-
Sparta nus °f Samos, and tried to diminish it. In 519
jealous of or possibly earlier Kleomenes the First succeeded
S2o B.C.- his father Anaxandrides as one of the kings of
510 B.C. Sparta, and from his accession took greater
interest in the doings of the peoples outside the Pelopon-
nesus than any Spartan before him. He saw that Hippias
of Athens was sovereign of Attica and Sigeuin, and suzerain
over Naxos and the Thracian Chersonesus. It is probable
that he thought Hippias was likely to act in concert with
Argos, the hereditary foe of Sparta, and thus to imperil the
predominance of the Spartans in the Peloponnesus : co-
operation of Hippias with Argos was the more probable
because Peisistratus had taken as his last wife a lady of
Argive nationality.1 Whatever may have been the motives
of Kleomenes, it is certain that he acted to the best of his
ability to diminish the power both of Argos and of Athens.
Even so early as 519 B.C. Kleomenes showed his desire to
weaken Athens. In that year the Plataeans were threatened
Two by the Thebans and asked protection from
Spartan Sparta: Kleomenes advised them to take the
invasions of . . , . . . XT.
Attica, Athenians as their protectors, hoping that Hip-
510 B.C. pjas would by aiding the Plataeans give offence
to the Thebans and so involve himself in a quarrel.2 In
1 Smith, Diet. Biogr., art. ' Peisistratus, ' vol.' 3, p. 172, from Plutarch,
Cato Major, 24.
2 Herodotus, 6. 108. The date at which the Platreans took the Athenians
as their protectors is fully established by Thuc. 3. 68 end, but is stated
wrongly by two writers generally distinguished for accuracy — Blakesley,
note to Herodotus, 6. 108, and Grote, ch. 31.
chap, vil] ATTICA 63
510 B.C. Kleomenes resolved that he would expel Hippias
from Attica by force : he sent one expedition under Anchi-
molius, and afterwards led another himself; in the second
he succeeded in driving Hippias into exile. It is true that
he professed to be moved to his war against Hippias by
oracles from Delphi, which bade him set Athens free from
its tyrant ; but it is certain that he was also influenced by
a desire to keep Athens weak, because, as soon as the
Athenians began to use their freedom to set up a strong
government such as suited them, he again intervened by
force to prevent the establishment of that government for
which his own actions had cleared the ground.
After the expulsion of Hippias, the Athenians were for
two years divided into two factions whose leaders were
Isagoras and Kleisthenes. As long as the Two more
Athenians were divided and therefore weak Spartan
Kleomenes let them alone; but when at the Attica,
end of the two years Kleisthenes had got s°8 BC*
the better of his opponent and was beginning to found
a strong republican government, Kleomenes resolved to
intervene again. His decision to meddle again proves
that he wished not that Athens should be well governed,
but that it should be weak. In 508 he made two fresh
invasions of Attica for the purpose of expelling Kleisthenes.
In the first the force employed was too weak to effect any-
thing; in preparation for the second Kleomenes gathered
soldiers from all the states in the Peloponnesus which were
ready to defer to the superior power of Sparta, obtained also
a contingent from Corinth, and induced the Chalkidians from
Eubcea and the Boeotians to make simultaneous invasions
of Attica in support of his operations. The plight of Attica
when invaded on three sides by the chief terrestrial powers
of Greece seemed almost hopeless ; but Kleomenes was
deserted by his Corinthian contingent and by Demaratus,
64 POWER OF SPARTA [chap. vii.
the other King of Sparta, and the invasions melted away,
leaving Kleisthenes and the Athenians unhurt.1
The invasion of Attica in 508 B.C. by Peloponnesians,
Chalkidians, and Boeotians is of great historical importance,
Hegemony n°k only as the first enterprise in which many
of Sparta Greek powers acted in concert, but also as afford -
onnesus, ing the earliest tangible proof of the predominant
508 B.C. position attained by Sparta in the Peloponnesus.
Before the invasion was made ' Kleomenes gathered an army
out of all the Peloponnesus, not saying for what purpose he
was gathering it.' 2 Although Herodotus says that the army
was collected from all the Peloponnesus, there were no doubt
some Peloponnesian peoples which did not contribute any
soldiers : among them must have been the Achseans whose
land was separated from Sparta by the most precipitous
mountains in all Hellas; the Argives, old rivals of the
Spartans; and the citizens of Epidaurus and Hermione
whose cities lay on the side of Argolis remote from Sparta.
The remaining powers in the Peloponnesus other than
Sparta itself were Elis, many villages and small towns in
Arcadia, the strong inland military fortresses of Tegea and
Mantineia, Phlius, also lying inland, and the maritime cities
of Sikyon and Corinth. All these were probably prepared
to defer to the wishes ot the Spartans, and send them troops
when required to do so ; but the Corinthians at least were
not entirely dependent on them, as they proved by refusing
after their arrival in Attica to fight on the side of Kleomenes :
it is likely also that all the other towns had some will of
their own, and could not be lightly coerced. The amount of
independence enjoyed by some of the allies of the Spartans
was shown a few years later, when the Spartans formed
a project of restoring Hippias as tyrannus at Athens, and
invited their allies to send envoys to discuss the proposed
1 Herodotus, 5. 74, 75. 2 Ibid., 5. 74.
chap, vii.] KLEISTHENES 65
enterprise and decide whether they would take part in it.
Sosikles, envoy from Corinth, spoke plainly against the
attempt, and the enterprise was abandoned.1 Hence it is
clear that over some at least of their Peloponnesian allies
the Spartans possessed only a vague kind of predominance,
such as the Greeks called Hegemonia, or leadership. Their
hegemony was certainly not oppressive, and it led to a
wholesome kind of intercourse among the Peloponnesian
peoples for the settlement of their foreign policy.
The interventions of Kleomenes in Attica did more to
strengthen the people which he wished to injure than any-
thing: that had occurred in its history. They
& ... Kleisthenes.
called forth in it patriotic action, brought rich
and poor into union, and led directly to the establishment
of the constitution of Kleisthenes. To see how this took
place we must go back to 510 B.C. when Hippias was ex-
pelled. After the tyrant was gone part of the Athenians
adhered to Isagoras and part to Kleisthenes. Isagoras had
been a friend of Hippias, and it is likely that he now hoped
to gain a tyrannis for himself. Kleisthenes belonged to the
great house of the Alkmseonidse, and had himself been
the most active of the opponents of Hippias : when Hippias
was gone, he may probably have wished at first to ensure
exclusive enjoyment of power for the Alkmseonidse and the
other Eupatridse ; but, when he saw that he was too weak to
contend with Isagoras without the help of the poorer
citizens, he made friends with them, and thus became
leader both of the rich families and of the common folk. In
508 B.C. it was Isagoras who invited the two fresh inter-
ventions of Kleomenes, and thus exposed Attica to invasion
on three sides at once. Against Isagoras and Kleomenes
Kleisthenes stood forward as the leader of rich and poor
alike, and as the champion of the independence of Attica ;
1 Herodotus, 5. 91-93.
E
66 CONSTITUTION OF [chap. vit.
and he won the victory. When the victory was won, the
first task of Kleisthenes and the Athenians was to make
themselves safe from the Boeotians and Chalkidians : they
defeated the Boeotians, and deprived the Chalkidians of the
rich Lelantine plain, on which they established a Kleruchia,
or body of squatting landowners, consisting of four thousand
Athenian citizens. When this was done Kleisthenes was
entrusted by his fellow countrymen with the work of making
a constitution.
The Attic body politic for which Kleisthenes had to devise
a constitution was less markedly composite, or, in other
The Attic words, more nearly united than the body politic
body politic 0f its fathers forty years earlier. Before the advent
more nearly of* Peisistratus to the chief power the Plain, the
united than gea cliff", and the Highland region had acted each
the body , . ,f6 . ft
politic forty separately for itself : now in 508 B.C. there were
years earlier. onjv two components in the body politic, namely,
the townsmen who lived in the city and in the adjacent
plain, and the country folk of the outlying districts. The
country folk did not act as a separate unit, but their
presence in large numbers must be noticed because it differ-
entiated the body politic from a merely urban community.
It was not till 431, when the country folk were compelled
to move into the city, that the Attic body politic became
purely urban.
The men who had helped Kleisthenes against Isagoras
and Kleomenes were rich and poor alike : therefore it was
_. certain that when Kleisthenes was called on to
The con-
stitution of make a new constitution both the rich and the
poor would have their portions of political power.
The constitution of Solon, which had not gone entirely out
of use except probably during the four years of the severe
tyranny of Hippias, was ready to hand and suitable for
adoption: so Kleisthenes took it as his model. But the
chap, vil] KLEISTHENES 67
four recent invasions proved that Attica needed a strong
army of citizens led by capable commanders; and Kleis-
thenes in making his constitution supplied what was
wanted. He wished to enlarge the body of citizens by
enrolling among them men resident in the country but not
of pure Attic descent, and also to provide a good method of
electing military commanders. The four Attic tribes stood
in the way of the admission of new citizens, since they were
close hereditary corporations and would admit no new
members except by right of birth. Kleisthenes deprived
the four tribes of all political significance, and in their
stead set up ten new tribes defined not according to birth
but by locality.
The new tribes were the foundation of the system of
government. In order to make them Kleisthenes took as
the smallest units in the population the demes New local
or townships into which Attica was divided. He tribes,
recognised a hundred demes, giving about ten to each of his
tribes ; and as he remembered that strife between the Plain,
the Sea Cliff, and the Highlands had been dangerous, he
took care that each tribe should contain some demes from
the Plain near Athens, some from the Sea Cliff, and some
from the inland parts. His desire to guard against local
dissensions was one of his reasons for not taking the four
old Attic tribes as political divisions of the people ; for those
old tribes were in some way, which is not explained, arranged
in a manner which did not permit of a mingling of
ingredients from the Plain, the Sea Cliff, and the inland
parts in each political unit. His chief object in making the
new tribes was to get a good army of citizens : and accord-
ingly it was arranged that each of the ten tribes should
furnish a quota of fighting men, and should elect a general
called Strategus as its commander.1
1 Arist., Ath. Pol., 21, 22 ; Herodotus, 5. 69.
68 CONSTITUTION OF [chap. vii.
In nearly all matters other than the recruiting and
command of the armed forces Kleisthenes followed very
Organs of closely on the lines laid down by Solon. The
government, council of the Areopagus remained as Solon
had left it, and consisted of all men who had served or
were serving the office of archon. The election and
number of the archons remained unchanged; the popular
law courts may possibly have been made more numerous,
and the assembly of the whole body of citizens was certainly
intended to become more active, for Kleisthenes arranged
that it should come together at least ten times in every
year. As the assembly was an unwieldy body, Solon had
provided it with a council of four hundred to prepare the
business for its consideration: Kleisthenes increased the
number of this council or committee to five hundred, fifty
being taken from each of his new tribes; and it was
arranged that the fifty committee men for a tribe should be
Prytaneis, or presiding officers, at meetings both of the
committee and of the general assembly for a tenth part of
the year: the tenth part of a year during which a tribe
presided was called a Prytaneia.1 Some modifications were
introduced in the system of local government in Attica :
demes took the place of naukrarise, and demarchs of
naukrari.2
But though Kleisthenes imitated Solon so closely in
many of the provisions of his constitution, he introduced
one innovation to provide against a danger which
Ostracism. . . ml .- ,
might occasionally arise. Ine strire between
Kleisthenes and Isagoras had been mischievous : it had led
to intervention by a foreign power, and it might have led to
the establishment of a tyrannis. To guard against trouble
1 The existence of Prytaneia in the Kleisthencan constitution is authentic-
ated by Plutarch, Symposiaca Problemala, 1. 10.
2 Arist.,,4<7i. Pol., 21.
chap, vil] KLEISTHENES 69
from similar contests Kleisthenes devised the process of
Ostracism, or vote by the potsherds: the effect of his
provisions about Ostracism was to enable the assembly to
decide by voting with potsherds that one of the contending
heads of parties should depart from Attica for ten years,
without detriment to his status or property.1 The practice
of Ostracism was found useful in several Greek cities, and
was adopted at Argos, Miletus, and Megara.2
The need felt in Attica of a strong army led very natur-
ally to a government satisfactory both to the rich and to
the poor: it was not perhaps a difficult matter
to satisfy both these classes, because the ^J^on"
paternal despotic government of Peisistratus strategi and
must have tended to depress the wealthy and
to help the poor. But the need of an efficient army
led to a result quite as important as a fair distribution
of power between rich and poor : it led to division of power
between the skilled and the unskilled. The strategi were
at the head of the armed forces, the archons other than the
Polemarch managed the civil government: both sets of
officers were skilled in their departments. It is probable
that the strategi had the higher degree of skill and experi-
ence: any man could be re-elected as strategus year after
year, but when a man had become an archon he passed into
the council of the Areopagus, and we do not hear of any
instance in which a man who had become an Areopagite
was a candidate for the archonship. The strategi soon
overshadowed the archons ; but an archon also might have
important work to do, as is seen from the fact that Themist-
okles during his year as chief archon (493-2 B.C.) began
the Avork of making the port of the Peiraieus.3
1 Plutarch, Aristeides, 7. Philochorus, 796, quoted at length by Sandys,
Ath. Pol., 22, § 1, note.
2 Smith, Diet. Ant., ' Exsilium,' vol. !, p. 819.
3 Thucydides, 1. 93.
70 AREOPAGUS [chap. vii.
What would be the part played by the Areopagus
remained uncertain. As it was composed of men of some
experience in public work, it provokes compari-
Areopagus. . .
son with the Roman Senate and with the Great
Council and the other Councils of the Venetian Republic.
But the Roman Senate and the Venetian Councils existed as
effective organs of government only because there was work
to be done which could not be performed except by a
standing council composed of men of experience in govern-
ment. The Roman Senate first gained its authority because
it was needed for the purpose of keeping the Latin League
and the Hernicans faithful to their alliance with Rome : it
rose to its highest degree of influence when it was needed
for the work of managing the Latins, the Samnites, and the
other Italian peoples after they became dependent on
Rome. The Venetian Councils in like manner were needed
for the work of controlling and protecting the Venetian
trading stations in the Levant, for ruling foreign de-
pendencies first in Dalmatia and then in many parts of the
Balkan Peninsula, and frequently also in forming alliances
between the Venetian Republic and foreign powers. The
people of Attica in the time of Kleisthenes had no allies
except the Platasans, who were certain to be faithful allies,
because they dreaded the Thebans: and they had no de-
pendencies except four thousand settlers on the Chalkidian
Plain,1 separated from Attica only by the narrow channel of
the Euripus. As the Athenians had practically no foreign
policy, and therefore no need of a council of skilled advisers
to conduct it, Kleisthenes never thought of giving them
one : if he had, he would have included in the Areopagus
all men who had been strategi, since they were generally
men of higher qualifications than the men who had been
archons. It is clear that Kleisthenes kept the Areopagus
1 See page 66.
chap, vil] INNOVATIONS AT SPAETA 71
only because it was a part of the old government of Athens,
which he as an Alkinaeonid admired, and because he could
not abolish it without giving offence to the men of dis-
tinguished social position who were accustomed to be
members of it. What its functions were to be we are not
told : but probably it had a veto on new legislation, and
certainly it exercised a general censorship of morals.
The constitution of Kleisthenes gave the Athenians a
government under which all classes were contented and
ready to exert themselves for the common weal.
The result was that, within twenty years after constitution,
the expulsion of Hippias, Athens was as strong 510 BC--
as Sparta; and this result was due in a great
measure at least to the reckless meddling of Kleomenes.
The reign of Kleomenes produced some change also in the
distribution of power within the Spartan commonwealth :
till near the end of his life Kleomenes was allowed to have
the sole management of Spartan foreign policy, and was
more powerful than any earlier Spartan king known to
history. In his later years, however, he committed the
conspicuous folly of contriving the deposition of his
colleague Demaratus, and the substitution for him of
Leotychides : this proceeding, together with the subsequent
madness of Kleomenes, lowered the dignity of the kingly
office. Soon after the death of Kleomenes in 491 B.C., the
ephors assumed the control of foreign affairs as well as
home government ; and in 479 B.C. they acted on their own
authority in sending out the great Spartan army which
defeated the Persians at Plataea. From 479 B.C. onwards to
the end of Spartan history the ephors had the complete
control of all departments of government except during the
long reign of the capable King Agesilaus.
My description of the constitution of Kleisthenes and of
changes in the distribution of power among the different
72 THE GREEKS AND [chap. vii.
organs in the Spartan government has been in the nature
of a digression, though it has been concerned with
„ ; important matters. I now return to the thread
Return r
from a of my story and speak of the second event
digression. wj1jcj1 proved to the Greek states outside the
Peloponnesus that their territories were not impregnable,
namely, the conflict between the Greeks and the Persians.
The first of the Greeks who came into contact with the
Persians were those in Asia Minor. When Cyrus, King of
Persia, had in 546 B.C. overpowered Croesus, King
between the of Lydia, and annexed his kingdom to the
Asiatic Persian dominions, he sent an army under
Greeks and J
the Persians Harpagus to reduce the Greek cities which had
been tributary to Croesus. For forty years the
cities on the mainland of Asia Minor could do nothing but
submit to their Persian suzerains; but shortly before
500 B.C., when Dareius, King of Persia, had weakened him-
self in a foolish and futile expedition through Thrace and
Scythia, they tried to recover their independence, and asked
aid from their kinsmen in Europe.
The Spartans refused to send help to the Asiatic Greeks :
the Athenians, who, since they had repelled four Lacedae-
Contact monian invasions of their country, had become
in Asia audacious, sent twenty ships, and their example
European was f°U°wed by the Eretrians, who sent five.
Greeks and The arrival in Asia of the twenty five ships from
Persians «■
Europe brought European Greek peoples for the
first time into contact with the Persians. The crews of the
ships joined with the Ionian Greeks in a march to Sardis,
the capital of the important Persian satrapy of Lydia, which
ended in the capture and burning of all the town except its
precipitous citadel. Soon after the burning of Sardis, the
Greeks who had taken it were defeated by the Persians near
Ephesus, and the Athenians, seeing probably that nothing
chap, vil] THE PERSIANS 73
further could be accomplished, sailed back to Attica.1 After
their departure the navy of the Ionians achieved some
successes ; but in 494 B.C., for want of union among the
Ionian cities and of discipline in their contingents of ships,
it was decisively defeated near the island of Lade, close to
Miletus, by a Phoenician fleet in the service of Dareius. The
revolt ended in complete failure, and in suppressing it
Dareius became stronger than he had been : before it broke
out the Greeks under his suzerainty had been those of the
Asiatic mainland and Mytilene in the isle of Lesbos ; after
its failure he acquired Chios and Tenedos, Byzantium, and
the Greek cities on the Propontis and the Thracian
Chersonesus, and his fleet dominated the iEgean Sea. But
the most importaut result of the revolt was the desire which
it aroused in the mind of Dareius to punish the Athenians
and the Eretrians for their interference, and to subjugate
the Greeks of the European continent.
In 492 Dareius sent a strong army under Mardonius
across the Bosporus with instructions to march through
Thrace and Macedonia and enter Hellas from contact in
the north, and a fleet to move in concert with Europe
, , , . .. . . between the
the army and keep it supplied with provisions. European
The army advanced as far as Macedonia, but Greeks and
tiic Persians
off the promontory of Mount Athos the fleet 492 b.c-
was badly damaged in a storm, and Mardonius 49° BC'
went home without having touched Hellas properly so
called.2 In 490 Dareius gathered a much smaller force
merely suited to the limited task of punishing the Eretrians
and the Athenians. The soldiers were embarked on trans-
port ships in Cilicia, under command of Datis, and rowed
themselves along the coast of Asia Minor as far as Samos,
and thence straight across the iEgean Sea.3 Datis reduced
1 Herodotus, 5. 99-102.
9 Ibid., 6. 43-7. » Ibid, , 6. 94, 95.
74 MARATHON [chap. vn.
Naxos, captured Eretria and took the inhabitants prisoners,
and thence advancing to Attica set his army ashore at
Marathon. The Athenians had asked aid of Sparta; but
the Spartans had not yet perceived that against the Persians
it would be prudent for them to co-operate with the
Athenians. They did not care what ills befell a people
outside of the Peloponnesus, and, though they promised to
send a contingent, they waited for good luck till the full
moon, and were too late : * the Platseans alone of the Greek
peoples fought alongside of the Athenians.
The Athenian army was commanded by the ten Strategi,
among whom the ablest was Miltiades, who had been
Battle of tyrant of the Thracian Chersonesus, and by the
Marathon, archon Polemarch. Miltiades only succeeded in
getting a battle fought at Marathon by persuad-
ing the Polemarch to vote for that course. The Greek
army and the Persians were not very unequal in numbers :
their fronts were of the same length, but the Athenian line
was weak in the middle. The day ended in a complete
victory for the Athenians and Platseans, and in the departure
of the Persians for Asia.2
After the Persians were gone, it is plain that the
Athenians were troubled with dissensions between parties
Change and leaders of parties : for between 487 and 484
Athenian ^ey thrice made use of the vote by the pot-
constitution : sherds to banish important citizens whose political
takeiTby activity they deemed dangerous.3 It was prob-
lot, 487 B.C. ably from a desire to avoid mischievous rivalries
between leaders of parties that they also made an
1 Herodotus, 6. 106. s Ibid., C. 109-113.
s See E. Meyer, Oeschichte des Alterthums, vol. 3, § 198. The men banished
were Hipparchus, closely connected with the expelled tyrant Hippias ;
Megakles the Alkmaeonid ; and Xanthippus, brother-in-law of Megakles, and
father of Perikles. They were recalled in 480 {Ath. Pol., 22. 8), and in
479 Xanthippus was strategus (Herodotus, 9. 114).
chap, vii.] INNOVATION AT ATHENS 75
important change in their constitution. Hitherto the
archons had been elected by direct vote of the citizens, and
influence with the voters was the means by which men rose
to the chief civilian office in the city. In 487 it was
decided that henceforth a large number of candidates
for the archonship should be selected by the demes from
among the Pentakosiomedimni and the Hippeis, and out
of this number the nine archons should be taken by
drawing lots.1
After it had been settled that the archons were to be
taken by chance, the Athenian commonwealth had no
civilian officers who were chosen for their merits, Effects
and therefore in all matters that were not naval of the
or military or concerned with foreign policy the on the
assembly had no advisers possessing skill or Areopagus,
experience. As the archons were no longer qualified for
performing important work, the executive business of
government gradually dropped out of their hands and
was undertaken by the committee of five hundred. No
archon henceforth had any political significance, and no
action done by an archon was worthy of being recorded
by historians. The senate of the Areopagus which con-
sisted of exarchons was in time lowered in character by
the change in the position of the archons. Till 487,
since the archons were chosen for their merits, there
had been a chance, though only a small chance, that
the Areopagus might become a senate of skilled advisers
on questions of foreign policy: after its members were
nobodies that small chance was annihilated. Only for
ten or fifteen years a majority of its members were
men who had been elected as archons because of their
ability: after they had sunk through deaths of members
and had become a minority, the Areopagus could no
1 Ath. Pol., 22.
76 THE GREEK [chap. vii.
longer be believed to be capable of arriving at wise
resolutions.
The exclusion of the archons from all important work
must have had the further effect of increasing the responsi-
0ne bilities of the strategi : and it may probably have
strategus been because the Athenians saw how much now
the other depended on the strategi that either in 487 or at
nine: date some later date they made a change in the
change method of their election. Under the rules laid
uncertain. down by Kleisthenes each of the ten tribes
elected one strategus for itself: this procedure at some date
which cannot be determined was modified, and it was
ordered that only nine of the tribe should choose a strategus
a piece, and that the tenth strategus should be elected b}*
the whole Attic people, so that he might have a marked
precedence over the strategi who were elected by the
tribes.1
More important than even the changes made by the
Athenians in their constitution was their resolution to
Athenian possess a strong navy. In the year after the
navy- defeat of the Persians at Marathon, Miltiades,
the victorious general, in command of a small squadron of
ships conquered a few islands near Attica, but failed in an
attempt on Paros.1 In 488 the Athenians, probably acting
on the advice of Themistokles, resolved to wage a war
against the island of iEgina which had a stronger navy than
any other Greek state. At the outset they may probably
have had only forty eight ships as in the days of the
naukrarise: certainly they were quite unable to cope with
the iEginetan fleet till Themistokles, in the archonship of
1 Meyer, Geschichte des Alterthums, vol. 3, § 201, and notes thereto.
Dr. Meyer expresses the opinions, which seem well grounded, that there was
a chief strategus as early as 481 B.C., and that Themistokles was then chief
strategus.
2 Herodotus, 6. 132-6.
chap, vit.] POWEES, 480 B.C. 77
Nikodemus, probably 483-2 B.C., induced them to order that
the profits of the silver mines of Laurium, instead of being
distributed among the citizens, should be employed in
building a hundred new ships.1 The addition to the fleet
enabled the Athenians in 481 B.C. to defeat the iEginetans,
and gave them, as Themistokles intended it should give
them, a powerful weapon to use in the following year, when
Xerxes, son of Dareius, invaded Europe with the purpose of
subjugating all the Greek peoples.
On the eve of the coming of Xerxes to Europe it is worth
while to take a survey of the Greek powers. Voluntary
alliances for defence of territory were entirely TheQreek
unknown to them, with the exception of one powers,
d8o B C
which had been established in 519 B.C. between
Athens and Plataea. The only alliance formed under com-
pulsion was that which existed among several peoples in the
Peloponnesus under the hegemony of Sparta. The rest of
the Greek peoples were about three score maritime and
commercial urban peoples accustomed to live in political
isolation and in distrust of one another.
Of the invasion of Greece by the Persian host and of its
repulse it is needless to say anything but that the numbers
of the invaders have been very grossly exagger-
ated in the narrative of Herodotus, and that to against
the Athenians belongs the glory of defeating ^rxes' B r
them. As Xerxes had to march by a narrow
track from the Hellespont to Macedonia, his army can
hardly have numbered more than a hundred thousand
men.2 On the Athenians first of the Hellenes fell the full
force of the attack ; and all the Greeks in the Peloponnesus,
fancying themselves secure behind their isthmus, were only
half-hearted in lending them aid. The people of Argos
1 Arist., Ath. Pol, 22. 7.
8 Beloch, Oriech, Gesch., 1. 368.
78 WAR AGAINST [chap. vii.
would do nothing.1 The Spartans sent only three hundred
of their best warriors, the Spartiatse, to Thermopylae, and
only gathered seven thousand in all of their Perioeki and
allies to guard the mountains behind the pass : if they had
used all the troops that were not absolutely necessary for
keeping down the Helots, they might have spared trust-
worthy men to hold the path by which their position was
attacked in the rear. The Athenians were not in the least
to blame for not sending soldiers to Thermopylae, because
their men were better employed in serving on board
ship.
Even after the Athenians and the iEginetans had defeated
the Persian navy at Salamis, the Spartans and their allies
_ . hesitated whether they would do anything to
Tardy co- J .
operation help the Athenians against the Persian land
Spartans force under Mardonius until it was pointed out
with the to them that the Athenians, unless they were
rescued by land, would be compelled to submit to
the Persians, and the Persians would be able to use the
Athenian ships for transporting their army into the Pelopon-
nesus. It was only after they saw that they must help the
Athenians or be themselves destroyed that they consented
to co-operate with them in resistance to the Persians.
When, however, they saw the necessity of acting for their
own preservation, they acted vigorously. By land the
ephors equipped by far the largest army that ever went out
of Lacedsemonia, and by sea they sent out a small squadron
to act with the Athenian ships. The land force commanded
by Pausanias, cousin and guardian of a king of Sparta who
was a minor, marched into Bceotia, and won the battle of
Plataea, which drove the Persians out of Europe : and the
combined fleets of the European Greeks, commanded by
Leotychides, King of Sparta, and by Xanthippus, one of
1 Herodotus, 7. 148-9.
chap, vil] XEKXES 79
the Athenian strategi, father of Perikles, rowed across to
Asia, found the remnant of the Persian fleet drawn up on
the shore of the promontory of Mykale, between Miletus and
Ephesus, and guarded by a land force in a fortified camp :
they put their men ashore and burned both the ships and
the camp.1
1 Herodotus, 8. 131, 9. 90-106.
CHAPTER VIII
COMMENTS ON THE GREEK URBAN PEOPLES,
650 B.c-480 B.C.
Throughout the period from 650 B.C. to 480 B.C. the
Greek urban peoples exhibit a combination of characteristics
that is not found again in any other group of
peoples un- peoples. Almost every one of them had its
interruptedly territory fenced around with strong natural
independent, . °
bulwarks ; every one of them except Sparta was
further provided with the artificial defence of strong walls.
In consequence of these two characteristics every one of the
urban peoples kept its independence complete throughout
the period, and there were only three instances in which
territory was transferred from one urban people to another.
Beyond this the urban peoples very rarely fought against
one another by land, and therefore nearly every one of them
was certain that it would not suffer an invasion
and
politically of its territory. As invasion was known to be
isolated, m0st improbable, alliances for defence were not
needed. The general result was that each people had no
dreaded enemies and no valued friends, or, in other words,
each city was politically isolated.
And yet more. Each people lived in a home whose
physical environment was so marked that the inhabitants
were guided in the choice of their pursuits by that en-
vironment, and did not try to contend against its guidance.
Physical environment does not change : the peoples suffered
80
chap, viii.] GREEK CITIES TO 480 B.C. 81
no interference from their neighbours ; and so in each city
the pursuits of the inhabitants remained almost entirely
free from perceptible change throughout the _
period. Whatever was the character of the from change
community inhabiting a given territory in 650 ^suits
B.C., that character was transmitted without per- of their
ceptible change to the community that followed
in the same territory a generation later, and so on through
the generations until the time when Xerxes invaded
Europe.
Almost every people, wherever it may live, is a
family, in whose pedigree the generations are either bodies
politic with a government of their own, or com- pedi&rees or
munities subject to a government imposed on successions
them from outside : in the Greek peoples every urban bodies
generation was a body politic with a government Politic-
of its own. In consequence of the immunity of the Greek
urban peoples between 650 B.C. and 480 B.C. from transfers
of territory, and of the persistence of their inhabitants in
the pursuits of their predecessors, each generation of each
people was much like the one before it and much like the
one after it : thus their pedigrees were monotonous, and
the bodies politic that occur in each pedigree or succession
were all of one type. Hence it is easy to classify the
pedigrees or successions of bodies politic of the Greek towns
of the period before us, indicating what was the type of
body politic in each succession, and also stating from what
has been explained in the preceding chapters what was
the kind of government that belonged to each type of
body politic.
The cities and groups of cities existing in European
Hellas and its adjacent islands in 650 B.C. are divided into
two main classes by differences in their situations and
surroundings. The two groups are these. First, about
F
82 GREEK CITIES [chap. viii.
three score maritime cities, provided with strong natural
bulwarks towards the land side, and therefore exempt from
ci *fi f waging wars by land. The pedigree of the
of Greek bodies politic in each of these cities was a
nearly uniform succession of simple city com-
munities, maritime and commercial, never fighting by land.
Second, four terrestrial cities or groups of cities, not pro-
vided with natural defences immediately outside their walls,
but possessing some appreciable amount of rural territory or
country towns which might be disobedient to the main
city, and also feeling the need sometimes of waging a war
with some city entirely outside their natural boundaries.
The first of the four was Sparta: its pedigree of bodies
politic from 650 to 480 was a succession of garisons of slave
masters. The second was a group of towns in Bceotia, joined
in a federation : the Boeotian pedigree was a succession of
federal bodies politic. The third was in Argolis, which had
a chief city, and, till after 480, had also other towns. The
Argives fought often with the Spartans, and their bodies
politic in the various generations were composite and fre-
quently belligerent. The fourth terrestrial city was in
Attica, which contained a chief city, Athens, and also other
towns. The people of Attica rarely needed to fight outside
of their natural boundaries, and they had no alliances :
hence they consisted from 650 to 480 of a succession of com-
posite bodies, usually non-belligerent. The governments of
the Greek cities from 650 to 480 are already known to my
readers ; so I may proceed at once to draw up a tabular
view of Greek urban bodies politic from 650 to 480 and of
their governments.
CHAP. VIII.]
GKEEK CITIES
83
GREEK URBAN BODIES POLITIC, 650 B.C.-480 B.C.,
AND THEIR GOVERNMENTS.
Bodies Politic.
Governments.
Group 1. — In about sixty mari-
time cities, with strong
frontiers towards the land,
and not having appreciable
territory outside their Avails.
In each city a succession of Class governments :
simple urban communities, Rule of the rich (Oligarchia), or
maritime and commercial, not Rule of a usurper (Tyrannis), or
fighting by land. Rule of the poor (Demokratia).
Best examples Corinth, Megara,
Naxos.
Group 2. — In four terrestrial
cities or groups of cities :
(1) In Sparta.
A succession of garrisons of
slave masters.
(2) In Bceotia, which contained
several towns in federation.
A succession of federal bodies
politic.
Many organs of government, all
insignificant. Rigid custom
and discipline in lieu of
government.
Common government for matters
of common interest : and a
separate government tor each
town for other matters.
84 CONCLUSIONS [chap. viii.
GREEK URBAN BODIES POLITIC, 650 B.C. -480 B.C., AND
their governments. — Continued.
Bodies Politic. Governments.
(3) In Argolis, which had a chief
city and other towns.
A succession of composite ur- A king with a little power, and
ban bodies politic, fighting a strong council,
frequently on the land.
(4) In Attica, which had a chief
city and other towns.
A succession of composite bodies At one time mild oligarchia ; at
politic, very seldom fighting another mild tyrannis ; at
by land, and having no others mixed government con-
alliances, sisting of —
(1) Yearly magistrates.
(2) A senate (Areopagus) steadily
growing weaker.
(3) Assembly.
(4) Popular law courts.
Now we have to see what facts the classification enables
us to express. In the classification the bodies politic com-
munities are described by qualities quite distinct
of the classi- from their governments — that is to say, by their
non-governmental attributes. But each class of
body politic had a kind of government belonging to itself.
Thus in the period from 650 B.C. to 480 B.C., when the non-
governmental attributes of a body politic are known, the
character of its government is known also. Hence it is
clear that there was some relation of cause and effect con-
necting non-governmental attributes and forms of govern-
ment in the bodies politic. But we can gather from what
has been said in the preceding chapters that the non-
governmental attributes of a body politic were neither the
chap, viil] CONCLUSIONS 85
direct cause nor the direct effect of its form of government.
Hence we must conclude that non -governmental attributes
and forms of government were both determined in each
body politic by some common causes. In the case of the
urban bodies politic of the Greeks those causes were physical
and human environment : they determined the non-govern-
mental attributes of the bodies politic by very direct pro-
cesses, and they determined the forms of their governments
through much more indirect influences. It is no doubt to
be admitted that in each body politic both non-govern-
mental and governmental attributes were largely determined
by tradition and by following in the footsteps of ancestors.
But that does not invalidate what I have just said. The
bodies politic could not have followed tradition and the
practices of ancestors if they had not been enabled to do
so by unchanged physical and human environment.
CHAPTER IX
HEGEMONIES IN GREECE DURING THE WAR AGAINST
PERSIA, 477 B.C-454 B.C.
From the success of Xerxes in leading his array into Attica
the Greeks of Hellas learned that Mount (Eta by itself
afforded them no adequate protection : as soon, however, as
their victory over the Persian fleet at Salamis gave them
command of the near sea, the invasion of the dry land lost
half its terrors, and when at Mykale they gained the mastery
in all the seas, between Europe and Asia they were for the
moment safe. But they could not continue to be safe unless
they kept that full command of the sea which they had just
won : and they could not be sure of keeping it, unless they
were aided by the maritime Greek cities of the ^Egean Sea.
Hence they eagerly desired support from those cities. The
maritime cities demanded as the price of their support
protection against the Persians. The European Greeks were
willing to pay that price ; and it was thereupon agreed that
the Greeks of Hellas and of the ^Egean Sea would co-operate
for the purpose of keeping or making all of them free from
the domination of the Persians.
Immediately after the battle of Mykale had been won,
Chios, Samos, and Mytilene were accepted as
Athens over allies by the victorious commanders Leoty-
the maritime cnides and Xanthippus. Leotychides and his
Peloponnesian squadron went home, but Xan-
thippus with the Athenian ships remained near Asia
86
chap, ix.] HEGEMONY OF ATHENS 87
Minor, and was joined by vessels from many cities of Ionia
and the Hellespont. During the winter of 479-8 he and
his new adherents captured Sestos, the point at which
the army of Xerxes had made an easy entry into Europe :
this done, they dispersed to their several cities.1 In the
spring of 478 the Spartans sent out twenty ships under
Pausanias, the Athenians sent thirty, and the combined fleet
of fifty was joined by many more from the small maritime
cities. Pausanias, partly because the Spartans, over whom
he was deputy king, were regarded as the leading Greek
people, and partly because he had been general of the
united Greek army at Platsea, was allowed to assume the
chief command. But his arrogance and insolence disgusted
the captains and crews of the ships from the maritime cities
of the iEgean Sea, and they requested the Athenians to take
over the hegemony or leadership in the maritime war. The
Spartans themselves were angry with Pausanias : they did
not care to be leaders in a naval war which they did not
understand how to manage, and thus they made no re-
monstrance when in 477 the Athenians assumed a hegemony
of the maritime Greek cities.2
If the maritime cities of the ^Egean Sea had been
accustomed to making alliances for defence, and had not
been mere isolated atoms, they might probably
have succeeded in obtaining from Athens a maritime
compact such as would make them severally cities defi°ed
by Athens,
secure in the enjoyment of independence: as
it was, they gave the Athenians a hegemony without
any bargain to settle what should be the future relations
between the leaders and the led. The Athenians alone
determined what those relations should be. For the
time being, since they sincerely dreaded the Persians, and
therefore desired that the maritime cities might support
1 Thucydides, 1. 89, 2. 2 Ibid., 94, 95.
88 HEGEMONY OF ATHENS [chap. ix.
theui willingly, they made arrangements which seemed
satisfactory to everybody. They decided which of the cities
should contribute money and which should supply ships.
They established a board of Athenian officers called
Hellenotamise, or treasurers of the Hellenes, to receive the
contributions in money. The amount of the contributions
for each year was fixed at four hundred and sixty talents,
about equal in weight of silver to a hundred and fifteen
thousand pounds. The treasure was to be kept at Delos,
and meetings of delegates from the contributory cities were
to be held in the temple of the Delian Apollo.1 It was
understood from the use of the word hegemony that the
Athenians were to direct the operations of the fleet and to
appoint its commanders.
The arrangements made by the Athenians in 477 for the
conduct of their hegemony bear a superficial resemblance
and not by to those that have been made in modern times
the maritime at the formation of confederations j and accord-
ingly modern writers generally say that in 477
a Confederation or League of Delos was established.
But if we look at the proceedings that have established
modern confederations, and at those in which temporary
regulations were made for the management of the Athenian
hegemony, we shall see that the resemblance between them
is only superficial. Among good examples of modern con-
federations are that which in 1579 founded the United
Dutch Provinces, and that which in 1777 first constituted
the United States of America. In each of these con-
federations the contracting communities were approximately
equal in power, the terms of the confederation were settled
in a contract made by bargaining between the communities,
and the communities lived in districts adjacent to each
1 My statement of the :*r range raents is taken direct from Thucydides,
1. 96.
chap, ix.] HEGEMONY OF SPAETA 89
other on the dry land, so that it was easy for them to have
a common government. In the Athenian hegemony there
was no equality of power between the leaders and the led,
since Athens was stronger than all the other cities put
together; there were no terms settled by bargaining, but
simply arrangements prescribed by the leading power and
alterable by it, and the communities being separated by
the sea could not have a common government. It seems
to me that to speak of the Confederation of Delos is to
use a misleading term, and that it is better to speak,
as the Greeks spoke, simply of the hegemony of the
Athenians. There is no doubt that the maritime cities of
the JEgean Sea by giving Athens the hegemony, in fact,
though possibly without knowing it, forfeited their own
independence.
By the end of the year 477 there were two hegemonies in
Greece : one of the Athenians over the maritime cities of the
./Egean Sea, the other of the Spartans over many
terrestrial powers in the Peloponnesus. In the hegemonies
course of the next twenty two years the Athenians in Greece>
. . 477 B.C.
were easily successful in keeping the iEgean Sea
clear of the Persian fleets. After 477 the Persians could not
sail on those waters, and on the one occasion, somewhere
about 466, when they ordered a Phoenician fleet to approach
them, it was defeated before reaching them, on the river
Eurymedon in Pamphylia, on the southern coast of Asia
Minor.1 In the same twenty two years the Spartans had
the utmost difficulty in maintaining their predominance in
the Peloponnesus. Their king Leotychides was incompetent,
and in 469, when he had led an army into Thessaly, was
convicted of accepting a bribe from the enemy : their deputy
king Pausanias was a traitor, living for about five years from
477 at Byzantium, and afterwards for about three more at
1 Thucydidea, 1. 100.
90 RIVALRIES [chap. ix.
Kolonse in the Troad, and hatching plots against his own
country. In the Peloponnesus the peoples of Tegea and
Arcadia opposed them in arms;1 and lastly, in 464, the
bravest of their Helots revolted, and fortifying themselves
on Mount Ithome in Messenia, defied their masters in open
rebellion. In 462 the Spartans underwent the humiliation
of applying to their old rivals, the Athenians, for a con-
tingent to aid them in reducing their serfs on Mount
Ithome.
Although the Spartans till 462 kept up the show of an
alliance with the Athenians, they had long been alarmed at
„. , their rapid successes, and, when the Athenian
Rivalry and ...
war between contingent arrived in Lacedaemonia to help
the two them against their revolted Helots, they COn-
hegemonies, ° J
462 B.C.- ceived a groundless suspicion that it would
45 ' ' betray them and help their enemies. Under the
influence of this suspicion they sent it back, saying only
that they no longer needed its services. The Athenians
replied to the insult by gaining alliances with the Argives
and the Megarians, who had been hitherto in alliance with
the Spartans, and by assuming an attitude towards their
neighbours the Boeotians, which indicated that they might
attack them. At the end of 457 the Spartans ventured to
march out into Bceotia, and with the aid of their Boeotian
allies they defeated an Athenian army at Tanagra, but were
unable to remain in Bceotia. After the departure of the
Spartans, the Athenians at the beginning of 456 defeated
the Boeotians at (Enophyta, and reduced Boeotia under their
power. In the same year the Athenians also completed the
long walls connecting their city with its ports of Peiraieus
and Phalerum, and conquered the iEginetans, whom they
had nearly conquered in 481 but had left in enjoyment of
1 For Tegea and Arcadia see Herodotus, 9. 35 : for further evidence
E. Meyer, Gesch. d. Alterth., vol. 3, § 285, and note.
chap, tx.] INNOVATION AT ATHENS 91
their independence, because they needed their help for the
coming naval war against Xerxes.1 Thus in 456 Athens
rose to the greatest power that it ever attained. If its
citizens had had any acquaintance with that part of foreign
policy which consists in conciliating neighbours who may be
made into useful helpers, they would have treated Bceotia
and Megara with the utmost generosity, and so gained
influence on the Hellenic mainland. But conciliation of
neighbours was utterly unknown to the inhabitants of all
the Greek commercial cities, and among them to the
Athenians.
In the course of the twenty-three years from 477 to the
end of 455 during which some important operations against
the Persians were undertaken, the Athenians
, , , , , . . t Change in
both made a change in their constitution and the Athenian
gradually altered their methods of dealing with constitution,
the maritime cities under their hegemony. It
has been pointed out already that, when in 487 they
decided that the archons should be appointed by drawing
lots, they made it certain that within a few years the
Areopagus would become unfit for the discharge of im-
portant public duties.2 It happened, however, that in 480,
when the Athenians were compelled to flee from their
country before the coming invasion of Xerxes, the Areopagus
rendered a great service to their countrymen by finding
some money to pay those citizens who were willing to serve
on board the ships 5 and the assembly in recognition of this
useful action allowed it for seventeen years to have the chief
influence in the government.3 But the great power of the
Areopagus became an absurdity, because its members were
no wiser than other Athenians; and in 462 Ephialtes,
supported by Perikles, who now appears for the first time in
1 Thucydides, 1. 107, 108. 2 See p. 74.
3 Ath. Pol., 23.
92 ALTEEED NATUEE OF THE [chap. ix.
history, proposed and carried in the assembly a law which
deprived it of all its political prerogatives. Soon after the
new law was carried Ephialtes was murdered, probably at
the instigation of some of the Areopagites. After the
change was made, the government of Athens possessed only
three organs : first, the general assembly ; second, the five
hundred, which was only a committee of the assembly
taken by lot; and third, the strategi, among whom one
probably by this time enjoyed a markedly preponderant
position.
Between 477 and 455 the Athenians got rid of their fear
of the Persians and were free to alter their behaviour towards
_. the maritime cities. When Naxos about 467
Changes
in the refused to send its quota of ships, they seized
ofathegemen ^e island for their own use, and either then or
Athenian afterwards planted on it five hundred of their
ony' own citizens as Kleruchi.1 In 460 they showed
that they regarded the contributions paid by the cities as
their own property by employing them for the equipment
and maintenance of a great fleet of two hundred triremes,
which they sent on an expedition to Egypt by which they
alone were likely to profit. For the next six years they
spent probably the whole of the contributions on their
Egyptian enterprise : at the end of those years their ships
in Egypt were all captured by the Persians, and nearly all
the men who had sailed in them were killed.2 In the
following year 454, since it was possible that the Persians
might be able to send a fleet into the iEgean Sea, they
moved the treasury, in which the accumulated contributions
were kept, from Delos for greater security to Athens :
thenceforth they ceased to summon meetings of delegates
from the cities, and regarded the contributions as a tribute
1 Thucydides, 1. 98; Pausanias, 1. 27. 6.
8 Thucydides, 1. 104, 109, 110.
chap, ix.] ATHENIAN HEGEMONY 93
paid to them to be used as they thought fit.1 Thenceforth
there was only one year, 449 B.C., in which they undertook
any enterprise against the Persians. The action of the
Athenians in seizing the contributions broke no compact,
for no compact had been made. It was not even impolitic
according to Greek notions of policy, for the maritime cities
of the ^Egean Sea were never able to punish it. But it pre-
vented for ever the growth of any friendly feelings towards
the Athenians in the minds of the men who in 477 had
chosen them as their leaders. It converted the lesser
maritime cities from contributors into tributaries; and
it changed the relation of Athens to the other cities
from vague hegemony to clearly marked domination or
ascendency.
The names of the men who advised the Athenians to
adopt a threatening attitude towards Sparta and Boeotia in
462, and to use the contributions of the maritime
cities for their war in Egypt and afterwards to 0f perikies,
assume entire possession of them for their own *6z B,c"
purposes, have not been recorded : very possibly
no one in Athens doubted that the appropriation of the
contribution was advantageous. But we know from
evidence that will be stated in the next chapter that from
461 the chief adviser of the Athenian assembly was Perikies : 2
he, then, must have the largest share of the credit or the
blame for the actions of the assembly after that date.
When the appropriation of the funds had been completed
it was Perikies who was entrusted by the Athenians with
1 The date of the appropriation of the treasure and the tribute by Athens
is fixed by an inscription which states that the thirty-fourth year of a
certain payment from the tribute to the goddess Athena was 421 B.C., when
Aristion was archon. Therefore 454 was the first year in which the
payment was made. — Corp. Inscr. Alt., 1. 260; Hill, Sources of Gr. Hist.,
ch. 1, 105.
2 See p. !)S.
94 PEEIKLES [chap. ix.
the chief voice in determining how the money should be
spent : x by gladly undertaking the work he showed that he
heartily concurred in the policy of exacting the tribute
from the maritime cities. The extremely unwise action
adopted by the Athenians in 462, when they threatened
Boeotia and Sparta, was certainly not the work of Kimon,
who steadily advocated friendship with Sparta ; and there
is no other Athenian to whose advice it can be attributed
except Perikles, or else Ephialtes and Perikles acting in
conjunction.
1 Plutarch, PeriHes, ch. 11-14.
CHAPTER X
ATHENS IN RECEIPT OF TRIBUTE, 454 B.C. -413 B.C.
The position and character of the Athenian people in 454 B.C.
and for the next twenty years were in many respects unique.
They can be described under three heads: (1) the relations
of Athens to its tributary cities ; (2) the relations of Athens
to the other Greek powers ; (3) the Athenian government.
The important facts in the dealings of Athens with its
tributary cities are these. Firstly, each tributary city was
governed by citizens of its own and not by «* The
Athenians. Secondly, the Athenians sometimes relations of
... . .. . Athens to
sent an Athenian garrison to a tributary city to its tributary
keep it intimidated. Thirdly, in some cases the cities-
Athenians left the citizens of a tributary city to choose their
own constitution ; in others they imposed on it a constitution
of their own designing. Fourthly, some kinds of trials and
suits arising in tributary cities were not decided on the spot,
but were carried to Athens to be judged by a dikasterion.
The first two of the assertions just made scarcely call for
comment, since evidence of their truth is scattered broad-
cast in the works of Greek historians and orators : Native
it is only necessary to observe on the first of govern-
mcnts *
them that the only Athenian civilian officers ever Athenian
sent to a tributary city were Episkopi j and we £arrisons.
shall see shortly that Episkopi were merely commissioners
sent out for a temporary purpose and were not permanent
officials.
06
96 CONSTITUTIONS OF THE [chap. x.
The constitutions of the tributary cities are seldom
mentioned; but we know that Mytilene till 428 was
governed by an oligarchy of its own rich
Constitutions . . , , , , . ,
of the citizens : x and as that was a government wnicn
tributary tfie Athenians would never think of establishing,
it must have been of native growth. Our only
knowledge of a constitution imposed by the Athenians
on a tributary city comes from a stone which was
formerly at Athens, but is now lost.2 On that stone
was inscribed the text of a constitution for the tributary
city of Erythrse, the most considerable place on the pro-
montory of Mimas in Asia Minor, opposite to the isle of
Chios. The Athenians, wishing to settle how Erythrse
should be governed, sent out some commissioners called
Episkopi and a garrison: the commissioners and the
commander of the garrison made a draft of a constitution
which was converted into a law by the assembly at Athens.
The Erythrseans were to be governed by a council consisting
of a hundred and twenty of their own citizens appointed by
drawing lots. On the first occasion the lots were to be
drawn by the Episkopi and the commander of the garrison ;
on subsequent occasions by the commander of the garrison
alone, whence it is clear that the commission of the
Episkopi would have expired. It went without saying
that the Athenian officers or officer who drew the lots
possessed the right of rejecting any candidate at pleasure.
Thus the method of appointment ensured that the council
consisted exclusively of men whom the Athenian officers
believed to be willing to act in the interests of Athens rather
than of Erythrse. It is probable that the hundred and twenty
councillors who governed Erythrse were mainly drawn from
its poorer citizens, and that the constitution of Erythrse was
] Thucydides, 3. 27. 2.
- Corp. Inscr. AtL, 1. 9 ; G. F. Hill, Sources of Gr. Hist., p. 27.
chap, x.] TRIBUTARY CITIES 97
for that reason deemed by the Athenians to be a demokratia.
Isokrates in his Panegyricus, composed in 380, says that the
Athenians had been wont to set up demokratise in the cities
dependent on them.1 They could not well set up genuine
demokratise, since the first desire of a real demokratia, in
which all the poor citizens met in an assembly, would be
to cease paying tribute, but it is quite likely that, when
they gave exclusive power to a select body of citizens, they
might, if those citizens were poor, call the resulting govern-
ment a demokratia, because it excluded the rich from any
share of influence.
The jurisdiction of the Athenian dikasteria over cases
arising in the tributary cities was defined separately for
each tributary city in a document which was jurisdiction
called a compact {arvfiftoXov), though its terms du^stlri1*"
were simply dictated by the Athenians. Hence over cases
the definition of the trials and suits that must ^b^ary1
be judged in Athens was not the same for every cities,
tributary city.2 For all, however, of the tributary cities alike
it was laid down that accusations of treason against Athens
must be brought before an Athenian dikasterion, and also
all commercial suits other than those in which the litigants
were both members of the same tributary city. Further
extensions of the Athenian jurisdiction were separately
defined for individual tributary states in the compacts
which the Athenians imposed on them.2
The relations of Athens to its tributary cities may be
summed up by saying that a citizen of a tributary city was
a subject of his own city, and was not subject to
. Summary.
Athens unless he were a party to a suit or trial
which had to be heard in Athens: and Athens only con-
trolled the governments of the tributary cities, but did
1 Isokrates, Panegyr., 104-106.
2 E. Meyer, Gesch. d. Alterth., 3. 273 note.
G
98 ATHENS AND THE GREEK POWERS [chap. x.
not govern their inhabitants: in other words Athens was
only suzerain but not sovereign over the tributary cities.
The Athenians were a separate community, and the
tributary cities were separate though not independent:
and, when the Athenians established and intensified their
control over the lesser maritime cities, they did not add to
the size of their territory or the number of the subjects
under their government: afterwards, as before, the com-
munity that constituted the Athenian body politic consisted
only of the inhabitants of Attica and the settlers in the
Kleruchise.
Athens, ever since it controlled nearly the whole naval
force of the Greeks, and conquered Bceotia, and enriched
itself by appropriating the moneys contributed
of Athens by the maritime cities, was to the terrestrial
independent Powers an object of dread mingled with hatred.
Greek The greater part of the peoples in the Pelopon-
pc" nesus and the subjugated Boeotians were looking
for an opportunity of making a coalition to diminish the
power of their threatening neighbour, and the Athenians
knew that they might at any time be opposed by the com-
bined efforts of nearly all the peoples in terrestrial Hellas.
As the Athenians were in danger of attack they needed
to be led by one man, and the man whom they chose to
(3) Govern- leao- tnem was Perikles. The advent of Perikles
ment of to the first place at Athens must date from about
A. th pus
461 B.C.- 461, not long after Ephialtes was murdered: for
429 B.C. khen a y0fce yfith potsherds was taken which
cannot have been designed for any other purpose but to
decide whether Perikles or Kimon should go into exile.
The vote went against Kimon and he departed, leaving
Perikles without a rival. In 457 Kimon asked leave to
return in order to fight in the battle of Tanagra, but did
not obtain it. His friends, carrying his armour as a standard,
chap, x.] PEEIKLES 99
took part in the fight, and a hundred of them were slain. Soon
afterwards Kimon himself, on the proposal of Perikles, was
recalled,1 and till his death in 449 acted in harmony with
Perikles. After 449 Perikles was for the remaining twenty
years of his life almost unchallenged in his influence over
the Athenians. From about 461, for more than thirty years
the two important organs in the Athenian government were
the general assembly and Perikles: and, as the assembly
accepted the measures that Perikles proposed, Perikles was
the moving force in the government. At some times
Perikles was only the chief administrator of the funds
produced by the tribute : for fifteen years continuously,
probably from 445 to 430, he was elected by the whole
Attic people to be chief of the strategi.
The use to be made of the tribute was determined by
Perikles and the assembly acting together. Part of it
was laid up as a provision for future wars against _
ir t- o Domestic
the tributary states or the terrestrial powers: policy of
part was spent in payments to poor citizens for en es"
civilian services : part to the navy and army : the remainder
was employed in beautifying Athens with temples and statues.
The treasure laid by for war amounted at one time in the life
of Perikles to nearly ten thousand talents, or the whole
produce of the tribute for fully twenty years: hence it is
clear that the practice in most years was to store up more
than half the produce of the tribute, to furnish a treasure
for war. The payments to poor citizens for civilian services
were made to dikasts, to members of the five hundred,
and almost beyond a doubt also to all poor citizens who
were present at a dramatic performance on a religious
festival.2 These payments for civilian services must have
1 Plutarch, Kimon, 17.
2 Plutarch, Perikles, 9. dewpuci, in 1. 5, Beupiicois in 1. 19 of the chapter in
the text edited by Sintenie, and published by Teubner.
100 BEGINNING OF THE [chap. x.
used up a hundred and fifty talents annually, or a third
part of the tribute so long as the whole tribute had not
risen above four hundred and sixty talents : they certainly
sufficed to ensure for Perikles the votes of the poor citizens
who predominated in the ekklesia.
After the Spartans in 457 found it necessary, although
they had defeated the Athenians at Tanagra, to retire out
of Boeotia, a state of war without active hostilities
policy of continued between them and the Athenians till
Perikles, 456 452 or possibly till 450, when a truce was made
for five years. When in 446 and 445 Euboea,
Bceotia, and Megara all revolted from Athens, Pleistoanax,
King of Sparta, led a Peloponnesian army to Eleusis just
within the western frontier of Attica. Perikles saw that
Athens was no longer strong enough to keep control over
any of the terrestrial peoples, and he made a peace with
Sparta for thirty years, renouncing Bceotia and Megara but
keeping EubcBa. Henceforth his foreign policy remained
steadily settled for ten years. He rigorously enforced the
payment of the tribute except when he took lands for
Kleruchiae in lieu of it, and kept up a very efficient navy
of moderate size, yet powerful enough to intimidate the
maritime cities: but he strove to avoid all occasions of
conflict with the terrestrial powers.
The desire of Perikles to avoid war with his neighbours
on the land was not fulfilled. In 435 a naval war arose
War between Detween Corinth and Kerkyra. The Athenians
Athens and at first sent a small squadron of ten ships, with
Greeks: halting instructions to aid the Kerkyrseans in
431 B.C. case their island was in danger of a hostile
descent:1 eventually they gave the Kerkyrseans an un-
disguised alliance. The powers of the Peloponnesus were
alarmed at observing the addition to their naval force which
1 Thucydides, 1. 45,
chap, x.] PELOPONNESIAN WAR 101
the Athenians gained by taking the Kerkyrseans as their
allies: and in the beginning of 431 the terrestrial powers
and the Athenians drifted into a war which neither side
very heartily desired. Thus began what the Athenians
called the Peloponnesian War.
When the war began, Athens was helped by its tributary
cities and by Chios and Lesbos, which still furnished ships
under compulsion: its only voluntary allies
were the Platseans, the Kerkyrseans, and the on the two
greater part of the village communities in S1 es*
Akarnania. The members of the coalition opposed to Athens
included all the terrestrial Hellenes except (1) the Platseans
and the Akarnanians who were on the side of Athens, and
(2) the peoples of Argolis and Achaia who stood neutral.1
The extreme poverty of the Athenians in voluntary allies
shows how unlucky it was for them that, when after the
battle of (Enophyta they had a chance of conciliating the
Boeotians and the Megarians by generous behaviour, they
showed that conciliation of neighbours was an art to which
they were strangers. During the first two and a half years
of the war the coalition was stronger by land, and Athens
gained no advantages even at sea : at the end of the two and
a half years Perikles died, and henceforward the conduct of
the war was undertaken rather by the assembly of the
Athenian citizens than by any single statesman.
Before long we shall have to consider the work done by
the assembly : but first we must try to estimate what was
the number of the citizens who might meet in
assembly, and what proportion it bore to the population
whole population. Thucydides tells us that on °
the outbreak of the war the Athenians had thirteen
thousand hoplites for service in the field, besides sixteen
thousand for garrisons of fortresses and for guarding the
1 Thucydides, 1. 9.
102 POPULATION OF ATHENS [chap. x.
Long Walls. The sixteen thousand consisted of the oldest
men and the youngest, together with any of the resident
aliens who might be serving among the heavy armed men.
The resident aliens are mentioned as an after thought, and
as if they were not a large part of the sixteen thousand.1
If we set them down as three thousand we shall have
twenty six thousand citizens serving either in the field or
behind walls. To these must be added those poor citizens
who were serving as oarsmen or in the crews of the galleys of
war, five hundred members of the committee of the ekklesia,
six thousand dikastae, and may be about three or four
thousand citizens with so much property that they did not
care to earn wages from the public treasury. On the whole
we may estimate the total number of adult male citizens at
between thirty five and fifty thousand, and the citizens with
their families at about a hundred and fifty thousand or
two hundred thousand. The servile population, of foreign
extraction and usually acquired by purchase, furnished
all the domestic servants both male and female, the skilled
handicraftsmen, the workers in the silver mines of Laurium,
dancing girls and harlots, besides those employed on other
occupations for which smaller numbers were required. The
slaves cannot be reckoned at fewer than a hundred
thousand, and so the whole population of Attica must
have amounted to not less than a quarter of a million,
and may have reached three hundred thousand.
Before the Peloponnesian war began, the greater part of
the Attic population had been wont to enjoy life in the
country:2 the peasantry lived on their farms
Thepopula- . - , . .... . ,
tion of Athens, continuously, and the rich citizens had estates
431 d'H'~ outside the city, to which they could resort when
4x3 B.C.
they wished. In 431 B.C. Archidamus, King of
Sparta, invaded Attica ; and the Athenians, by the advice of
1 Thucydides, 2. 13. s Ibid., 2. 14.
chap, x.] ECONOMIC CONDITIONS 103
Perikles made no attempt to defend their territory because
they could not do it without crippling the navy, which was
absolutely necessary both for attacks on the enemy and for
the collection of the tribute. The whole population, there-
fore, was compelled to move into the city of Athens or into
the large space between Athens, the Long Walls, and the sea.
Invasions and devastations of Attica occurred in all the first
seven years of the war except the third and the sixth, when
Attica was so infected with pestilence that the enemies
avoided it. The invasions were made in the spring or at
harvest, and though they lasted only a month or six weeks
were effectual in destroying the crops, the fruit trees, and
the buildings on the farms. After one such invasion many
of the peasantry might go back to their farms : after two or
three they were likely to despair of getting a livelihood from
the soil, and to prefer to remain in the city where they could
earn something with little trouble from the state treasury.
Thus for the first seven years of the war, and no doubt for
somewhat longer, Athens had to house both the townsfolk
and the country folk: after the seventh year there was a
respite from invasions, and by the year 413, which is the
last that is considered in the present chapter, we may
imagine that the greater part of the rural population were
re-established on their farms.
The concentration of the people, free and slaves alike,
within the walls during the first eight or ten years of the
war must have produced new economic con-
ditions. The rich citizens suffered nothing but economic
the loss of their country residences : if they were con * lons'
manufacturers, their skilled slaves could still produce
painted vases or woven fabrics: if they had ships, their
cargoes could go to foreign lands and other cargoes could
return : if they were professional men, their earnings were
not diminished. But the peasants and their families were
104 ECONOMIC CONDITIONS [chap. x.
reduced to poverty. A man who had owned a small farm
or had worked in the fields for wages would probably now
serve as a hoplite or as an oarsman or a dikast: but his
wages would only suffice for his own maintenance, and
would not keep his family. The wives and children would
be compelled to ply humble retail trades, or to get wages for
their labour in any employment other than domestic service :
that was too degrading for any one of free birth, because it
must compel him to associate on terms of equality with
slaves. The new economic conditions had a powerful
influence in determining the foreign policy of Athens : the
men, whether they served in the army or on board ship or
in the dikasteria, all got their wages from the tribute, and
therefore the poor citizens always desired to vote for any
management of the war which might increase the amount
of the tribute or make its collection more secure. The
tribute had, before the beginning of the Peloponnesian war,
risen to six hundred talents yearly,1 and we can account for
the increase of its amount because we know that some six
or eight of the larger maritime cities, which, when Athens
acquired its hegemony, had furnished ships, had since then
been ordered to pay money in lieu of them. In 425 the
assembly approved a proposal made by Kleon, that the total
amount should be raised to twelve hundred talents. The
sum demanded was more than could be extracted from the
cities, and only three quarters of it was actually paid to the
treasurers at Athens.2
In the Athenian government after the death of Perikles,
the active organs were the Assembly of the citizens, the
committee of Five Hundred, the Dikasteria, and the
Strategi : the nine Archons also existed, but their functions
were of little importance. The Ekklesia consisted of those
1 Thucydides, 2. 13.
2 Gilbert, Griech. Staatsalterth. , 1. 399, 400.
chap, x.1 EKKL^SIA 105
citizens who were present in Athens and able and willing
to attend. It is not likely that any large part of those
present in Athens were hindered from attendance
by the need of working for a livelihood, since the the Athenian
poor nearly all earned wages from the treasury : j^^ff}^.
nor can we suppose that many of the poor were its com-
voluntarily absent, since they took pleasure in
exercising political influence. Hence probably the steadiest
attendants were the poor who remained constantly resident
in the city. We may set down these steady ekklesiasts
at about six or eight thousand: six thousand was the
number of the dikastse, and it was also the quorum
requisite for a vote of ostracism. Apart from these six or
eight thousand resident poor citizens, the rest of the
ekklesia must have varied constantly, especially during the
summer months, as military or naval expeditions went
forth abroad or came home: the complexion of the
assembly must have been entirely altered whenever a fleet
or an army in which eight or ten thousand citizens had
been serving came back from foreign service.
It seems likely that at some times of the Pelopon-
nesian war the citizens were divided into something like
parties. From 425 B.C. to 422 B.C. we may Parties
suspect that there was a large body of citizens, cov}d not ex-
led by Kleon, who were determined that the steadying
war should not end till Sparta and its allies had influence-
been rendered quite powerless: a year later there was
certainly a large body, led by Nikias, who were willing
that the war should be ended, provided that the right of
Athens to extort tribute from its existing allies was
kept quite safe. The existence of any parties would have
something of a steadying influence on the action of the
assembly, because a man does not like to vote against his
party : but at Athens, if parties really existed, any steadying
106 EKKLESIA [chap. x.
influence that they might be expected to exercise was
probably neutralised by the fluctuating composition of the
assembly.
The decision of every question whatsoever belonged in
the last resort to the ekklesia. It could, if it chose, with its
Ekklesia: committee of five hundred, make any law or
its powers. pass any resolution. It habitually appointed the
commanders of naval or military expeditions, settled where
they should go, and fixed the number of ships or men
under their orders. It decided any question that
arose suddenly during the war. When, for example, in
428 B.C., the tributary city of Mytilene was induced by an
oligarchic party to revolt from Athens, but by a democratic
party was restored to its allegiance, the ekklesia decided on
one day that all its adult males, friends and foes alike,
should be killed, and the women and children sold into
slavery, but on the following day voted that the inhabitants
should keep their lives and personal liberty, but should
hand over nearly all their land to three thousand Athenian
share holders. In like manner, in 416 B.C. the ekklesia
voted that the island of Melos, which had very long ago
been colonised by the Lacedaemonians and was now under
the suzerainty of Sparta, should be conquered, that its adult
males should be killed, and the rest sold as slaves.
The ekklesia, however, though it was if it chose
omnipotent, submitted to two restraining formalities.
Restraining There was one rule that no law or resolution
formalities, should be proposed in the assembly till it had
been approved by the committee of Five Hundred, and
another which provided that any new law which con-
tradicted an existing law could be indicted before a
dikasterion, and., if it were condemned, should be thereby
repealed : if the indictment were brought within one year,
the proposer might be condemned to pay a heavy fine. In
chap, x.] THE FIVE HUNDRED 107
regard to laws and to resolutions about home affairs, these
rules were probably obeyed : in regard to foreign affairs the
decisions of the ekklesia about Mytilene show that they
provided no safeguard against capricious resolutions.
The committee of Five Hundred was taken by lot in
equal proportions from the ten tribes, and remained in
office for one year : no man was allowed to serve c
on it for more than two years in the course of mittee of Five
his life.1 It was by far the busiest body in the Hun re '
Athenian community. It sat every day in the year except
public holidays, and its members received a drachma
daily from the state, twice as much as was paid to the
dikastse. It prepared the business for the ekklesia, saw to
the execution of its orders, inspected all details of finance,
and was the executive government for all departments
except the command of military or naval expeditions and
the negotiation of treaties with foreign powers. It was in
power co-ordinate with the ekklesia itself. It is not indeed
known whether in the time of the Peloponnesian war it
could collectively and directly initiate a measure, but it
could certainly get any measure initiated by prompting
some citizen to propose it : and as soon as a measure was
proposed, the committee had the important right and duty
of deliberating on it and deciding whether it should be
brought before the ekklesia. But though the powers of the
committee were so large, its members were appointed by
drawing lots among candidates, and therefore there was no
reason to expect that they would have any higher qualifica-
tions for conducting public business than any average
citizens, except those higher qualifications which they
derived from more intimate knowledge of details acquired
during their year of office.
The Dikasteria were the popular jury courts. Each year
1 Arist., Ath. Pol, 62.
108 STRATEGI [chap. x.
six thousand dikastse were taken by lot from those citizens
who offered themselves as candidates. They were divided
into panels, and one panel, or two or three
' panels, or a part of a panel was taken for the
decision of a trial or a suit. In known instances 501, 1001,
1501 were the numbers of jurymen set to decide a litiga-
tion: Demosthenes speaks of 200 and 2000 as being the
smallest and the largest numbers likely to occur.1 The
presiding officer in a jury court was an archon : but as the
archons were themselves taken by lot, and only served as
archons for one year in their lives, it was certain that the
president would not be a trained lawyer : there were indeed
no trained lawyers, since every Athenian thought himself
qualified to interpret a statute. From the many speeches
of counsel which have been preserved, it is clear that the
president had no power to restrain the orators from using
irrelevant arguments: and thus the jury, in arriving at a
decision, had nothing to guide it but the persuasiveness of
the speakers, or its own common sense or prejudices.
The ten strategi alone were elected, and were allowed to
serve in their office year after year as often as the citizens
were willing to employ them. Men of ability
and skill and experience were needed for the
duties of the strategi: for on them depended the conduct
of the war and the collection of the tribute. The ekklesia
decided what expeditions should be undertaken and which
of the strategi should have command in them : it was usual
to send them out in batches of three or five or six at a time,
and to give one of the batch some degree of precedence over
his colleagues. Whenever an ambassador was needed to
negotiate with a foreign power, it was usual to entrust the
work to one of the strategi. The poor citizens who com-
posed the Demos kept the strategi in strict subjection to
1 Smith, Diet. Antiq., art. ' Dikasterion.'
chap, x.] ATHENIAN DEMOKRATIA 109
themselves, partly by frequently taking a fresh person as
chief of the strategi, and partly by ruthlessly punishing
with fine or banishment any strategus whose naval or
military operations were thought to have been mismanaged.1
The Athenian government in the times that immediately
followed the death of Perikles, was called by the Greeks who
lived in those times Demokratia, or the rule comments
of Demos, that is to say of the whole body of on the
, • n /• i • • t» structure of
citizens and especially of the poor citizens. .But the Athenian
it differed greatly from every other Greek Demo- Demokratia-
kratia, because Athens was the only Greek state in which
Demos was fed from tribute. The most striking feature
in its structure is the appointment of all officials except
the strategi by the method of drawing lots between the
candidates, and the limitation of their tenure of office to
a short period. For the strategi alone skill was thought
necessary: therefore the Athenians chose them by voting
and not by lot, and often re-elected them for many succes-
sive years. By this course they generally secured men
qualified to conduct military and naval operations, though
not in most cases men with the qualities of statesmen. For
all civilian officials skill derived from experience was thought
superfluous, and perhaps even noxious. In truth the ex-
clusion of distinguished men possessing experience in
governing was necessary for the maintenance of the
supremacy of Demos: if, for example, able administrators
had found their way into the five hundred and had gained
experience by long continuance in office, the five hundred
would have obtained more influence than the poor citizens
could like, and it would have been necessary for Demos
either to purge the five hundred of its too capable members,
or else to see its own authority seriously diminished. As
there was no demand for men of ability in the civil services,
1 E. Meyer, Oesch. d. Alterthums, vol. 3. § 588.
110 WORKING OF THE [chap. x.
those citizens who knew themselves to be capable of pushing
their fortunes, but had no turn for naval or military com-
mand, commonly turned to the trade of Demagogi, or self
appointed advisers of the common folk. Their work con-
sisted mainly in gaining the favour of the poor citizens by
flattery, and in keeping it to their own advantage.
Before we leave considering the structure of the Athenian
government, we may observe that it was in two particulars
Comparison unlike those governments of modern times
with modern which are sometimes called democratic. In
democratic n .,
govern- modern constitutions deemed to be democratic,
ments. those classes which live by the labour of their
hands are citizens and have votes; in the Athenian
Demokratia the working classes were slaves, and, being
personally unfree, could never enjoy any political privileges.
In another respect also some modern constitutions which
distribute political influence widely among the population
differ from the Athenian constitution : they do not authorise
the citizens to meet personally in assembly and vote on laws
and resolutions, but only enable them to choose representa-
tives whose business it is to think and speak and vote on
their behalf. If, however, the representatives are turned
into delegates and are only permitted to think and speak
and vote as their electors command, the constitution
approaches more closely to the Athenian model.
We now have to observe the working of the Athenian
government from the death of Perikles to the end of the
Working of war- The business of the government was
the Athenian divided into two parts — first, home affairs, and
government, g * t
429 B.C.- second, foreign affairs and the conduct of the
anfome war- Home affairs were, on the whole, well
affairs. conducted. The poor citizens, though they
controlled the voting in the assembly, did not lay excessive
taxes on the rich. Direct taxation was unusual at Athens.
chap, x.] ATHENIAN GOVERNMENT 111
A direct tax of two hundred talents was levied in the year
428 : 1 but it was only a third part of the tribute money from
the dependencies at the same date, and we do not hear of
any other direct taxation of anything like the same amount
in any year throughout the history of Athens. The pecuni-
ary burdens that fell on the rich alone arose from their
obligation to perform leiturgiae or expensive public duties
at their own charge, as the duties of sheriffs are still
performed in England. The two great leiturgiae were the
Trierarchia or command of a war galley, and the Choragia,
or the provision of a chorus for a dramatic festival: the
trierarchia might in the course of a year cost as much as
a talent,2 but it was usual for trierarchs and choragi to
perform their duties with zeal, and hence we may infer that
they did not feel the cost of them to be an unfair imposition.
The considerate treatment of the rich by the poor in the
matter of taxation is easily understood if we remember that
the tribute brought in a much larger revenue than could
have been got from taxation at home, and that it would
have been most imprudent in the course of a dangerous
war, fought for the retention of the tribute, to alienate the
good will of those citizens who had large pecuniary resources.
In two respects, it may be admitted, the rich class at
Athens had reasons for discontent. Firstly, every man of
ability and wealth saw that if he could not be a , , m
* (i) Treatment
successful strategus and would not be a dem- of the rich
agogue, he had no perceptible influence in public Cltizens-
affairs, and, unless he would spend weary hours in the
ekklesia or a dikasterion, he was more powerless than any
idler who received wages from the treasury: and secondly,
if he were respondent in a trial or suit before a dikasterion,
he was likely to be ordered to pay an excessive fine to the
1 Thucydides, 3. 19.
8 Smith, Diet. Antiq., a. v. 'Leiturgia,' vol. 2. p, 27.
112 FOREIGN POLICY OF ATHENS [chap. x.
treasury or excessive damages to a poor litigant, since
the dikastse, who were themselves poor and were paid from
public funds, wished the treasury to be full and the poor to
be less poor. Except in these two particulars the rich had
no ground of complaint. The merits of a class government
in its management of home affairs may be measured by the
amount of welfare which it allows to its subjects. At Athens
the rich, who were the subject class, had little to complain
of: and hence it appears to me that the Athenian Demo-
kratia was, for a class government, successful in its
management of domestic concerns. It owed its success
in this department very largely to its possession of the
tribute, which made it needless for the ruling class to
oppress its rich subjects.
In questions of foreign policy and the conduct of the war
the case was different. In judging Athenian foreign policy,
„ . we must remember that any reallv excellent
(2) Foreign , J J
policy and conduct towards neighbours who were not fellow
war" citizens was alien to the ideas and experience
of the great mass of the Greek communities. Few
Greek peoples, when they were able to act outside their
own boundaries, had ever adopted a foreign policy which
their neighbours could esteem or would willingly tolerate.
The Athenians in particular were committed beyond recall
to a policy for which the Greek peoples generally disliked
them, though any one of them would have been glad to
imitate it : they had gained a hegemony over the maritime
cities when they were helpless, and had made use of it to
enrich themselves and so as to be able to threaten the
terrestrial powers. The most, then, that could be expected
of them was that they should husband their resources, and
abstain from enterprises that were beyond their powers.
For more than ten years they acted up to this standard,
which alone was possible. In choosing their enterprises
chai\ x.] FOREIGN POLICY OF ATHENS 113
they were usually guided by men of experience among the
strategi: and when for the finishing of their operations in
the island of Sphakteria they followed the advice „ .
x m * Foreign
of the demagogue Kleon, his advice was good, and policy :
the Spartan garrison in the island was com- et s'
pelled to surrender. In the eleventh year they were able to
end what is most properly called the Peloponnesian war by
making a treaty of peace with Sparta, which had at any
rate the advantage that in it the Spartans disregarded the
interests of their allies, and for the time being lost their
confidence. But within the next five years the Athenians
listened to the advice of Alkibiades, a reckless and
unscrupulous nephew of Perikles, who hoped by leading
his countrymen into attractive but dangerous adventures
to attain to such a half princely position as Perikles had
enjoyed. Acting under suasion from Alkibiades, they first
engaged in a foolish war in the Peloponnesus, which enabled
the Spartans to regain a grip on the peoples around them,
and then in 415 they resolved to try to compel the Dorian
cities of Sicily to pay them tribute. Their expedition to
Sicily ended about September 28, 413, in a naval battle
in the Great Harbour of Syracuse. In that sea fight and in
the hopeless operations on the dry land which followed it,
they lost the largest fleet and army that they had ever sent
out. Thenceforward their command of the sea could not be
kept intact, and the collection of money from the maritime
cities was precarious and comparatively unproductive
CHAPTER XI
THE GREEK CITIES, 412 B.C-338 B.C.
As a turning point in Greek history, the battle in the Great
Harbour of Syracuse was only second to the battle of
The course Salamis. In view of its importance we must
of Greek notice what changes it brought about, and what
history, ° °
412 B.C.- was the general course of Greek history after it
338B.C. occurred until 338, when the Greek cities lost
their independence. Before the war in Sicily the relations
among the Greek cities could be expressed in a very simple
formula. Athens had the control of the sea, and therefore
could drain off and consume the surplus wealth of the
maritime cities of the ^Egean sea: the terrestrial Greek
powers had formed a coalition to protect themselves against
the aggressive Athenians. But during the war from 431
to 421, and in Sicily in 414 and 413, both Athens and its
enemies had used up much of their strength, and after the
Sicilian war Athens no longer possessed undisputed control
of the sea, though it was still slightly stronger afloat than
Sparta. While Athens and Sparta had been growing ex-
hausted, Persia remained untouched, and in 412 Athens,
Sparta, and Persia were about equally strong or equally
weak. Hence from 412 there ensued a Competition among
these powers for access to the wealth of the maritime cities.
In that competition the three powers, Athens, Sparta, and
Persia, at first all took part : after 405 the competitors were
only Sparta and Persia. In 394 the competition ended : the
in
chap, xi.] GREEK HISTORY FROM 412 B.C. 115
maritime cities of Asia Minor were left in subjection to
Persia, and the other maritime cities became independent.
After the period marked by the competition for the
tribute had ended, there ensued for seven years till 387 a
second period marked by Balance of Weakness among the
Greek cities. This balance, for reasons which will be ex-
plained, did not suit the Spartans, and in concert with the
King of Persia they took measures to upset it. Their
oppressive behaviour was resented by their neighbours, and
a third period from 387 to 362 was marked by Conflicts
(they were the last) between the Terrestrial Hellenic Powers.
After 362 conflicts between the Greek cities became
trivial, because the cities were wearied out, and alliances
were not made, because no two could trust one another.
Hence the period after 362 was marked by a return of the
Greek cities to a condition of Political Isolation somewhat
worse than that which had prevailed before the battle of
Salamis, because now they hated each other more cordially.
During this period, which lasted till 338, they came into
contact with the healthy and vigorous tribal kingdom of
the Macedonians, and in 338 they were taken under its
protection.
The periods then of Greek history after 412 were these : —
i. 412-394. Competition for control of the maritime cities
of the JSgean sea.
ii. 394-387. Balance of weakness among the Greek cities.
in. 387-362. Conflicts between terrestrial Greek cities.
iv. 362-338. Political isolation of the Greek cities, and
the end of their independence.
I. COMPETITION FOR THE MARITIME CITIES
The competition for the maritime cities lasted eighteen
years. In the course of those years the competition went
through three phases : —
116 COMPETITION FOR THE [chap. xi.
(1) 412-405. Balance of weakness among the competitors.
(2) 405-400. Amicable partition of the maritime cities
between Sparta and Persia.
(3) 400-394. Attempt of the Spartans to rob the Persians
of their share.
In 412 the communities inhabiting Athens and Sparta
were both much smaller in numbers than the communities
(i) Balance m fcne same towns thirty years earlier. The
of weakness Athenians had lost about fifteen thousand citizens
Competitors, m the Sicilian expedition alone, and large numbers
412-405. ka(j perished before of pestilence or in war. We
may estimate the adult males who remained at something
between twenty and thirty thousand. The Spartiatse in
480 were reckoned by Herodotus at eight thousand fighting
men : in 418 the three thousand five hundred who fought
at Mantineia were five sixths of the whole number, and
therefore the whole fighting strength was scarcely more
than four thousand.1 The Athenians had in money not
much besides their reserve of a thousand talents: the
Spartans had almost nothing. The Persians were rich in
money, but their bowmen could not contend with the Greek
hoplites.
In 412 Chios and a few other maritime cities which had
paid tribute to Athens chose Sparta as their leader and thus
Events declared war against Athens. The Athenians
412-408. were for the moment extremely weak : but they
had their reserved fund of a thousand talents, and by spend-
ing that fund on ships and seamen they soon became a little
stronger at sea than the Spartans. In consequence the
Spartans, desiring to get money to pay more seamen, were
glad to make (about February 411) a treaty with the Persian
satraps of Lydia and the Hellespont : in return for a promise
of money they agreed to recognise that the Greek cities on
1 Herodotus, 7. 234, and Thucydides, 5. 64, 68.
chap, xi.] MARITIME CITIES 117
the mainland of Asia Minor were subject to the Persian
king.1 For this action they have been loudly decried : but
whether the Asiatic cities were exposed to more oppression
under the Persians than they would have suffered under
Greeks, we cannot tell. To the maritime cities not in Asia
Minor the new conditions established by the defeat of the
Athenians in Sicily may probably have brought appreciable
relief, since neither Athens nor Sparta could squeeze them
very hard, for fear that they might change sides and go over
to the enemy. For four years the treaty of 411 gave no
perceptible advantage to the Spartans, because Tissaphernes,
satrap of Lydia, evaded his promises to pay ; but about the
end of 408 Dareius Nothus, King of Persia, himself decided
that the Athenians might be dangerous to him and the
Spartans could not. He deposed Tissaphernes from his
satrapy and appointed in his stead his own second son,
Cyrus, with instructions to give liberal subsidies to the
Spartans, but no doubt only on condition that the Spartans
conformed faithfully to the terms of their treaty concluded
in 411 with the Persian satraps, and made no attempt either
to give independence to the Greek cities in Asia Minor or to
get them into their own control.
Cyrus, from his arrival at Sardis in 407, treated the
Asiatic Greek cities with consideration and indulgence,
because he saw that the Greeks made far better
soldiers than the Persians, and he desired to have B.c-405
Greek soldiers under his command. Probably B-c-J Cyrus
. at Sardis.
this desire was prompted by attention not to his
father's interest but to his own. In his dealings, however,
with the Spartans he faithfully obeyed his father's instructions,
since in that matter his own interest and his father's were
1 Thucydides, 8. 08. The earlier documents given by Thucydides in 8.
18 and 8. 37 were only drafts of treaties made by Spartan commanders
and were not ratified by the Spartan government.
118 DISTRESS AT [chap. xi.
identical. When in 407 and 405 the Spartans gave the
command of their fleet in Asiatic waters to Lysander, who
was perfectly willing to adhere to the stipulations of the
treaty of 411, Cyrus gave money in profusion: when in 406
they employed Kallikratidas, who cherished a generous
desire to give independence to the Asiatic Greeks because
they were Greeks, and was therefore inclined to thwart the
policy both of the Persians and of his own employers, the
Spartan rulers, he refused to give Kallikratidas an obol, and
even avoided admitting him to his presence. Kallikratidas
was defeated and slain in 406 at Arginusse: Lysander in
405 won the decisive battle of iEgospotami. It is however
to be observed that, though the results of the great sea fights
at Arginusae and iEgospotami were partly due to the hostility
of Cyrus towards Kallikratidas and his warm friendship for
Lysander, Kallikratidas owed his defeat and death partly
also to his rash conduct in attacking somewhat needlessly a
superior Athenian fleet commanded by capable officers ; and
Lysander would have had no chance of winning his astonish-
ing victory if the Athenian fleet stationed at iEgospotami
had been under men at all comparable in ability to handle
their ships and manage their crews with the officers who in
every previous year had commanded the Athenians in their
naval operations.
It is now necessary to take a view of the internal condition
of Athens after the disaster in Sicily. The Athenians knew
that -since they had lost their fleet they would
condition of no longer be able to collect the whole of their
t ens, 412. tribute ; and hence even the ruling class of the
poor citizens saw that it would be hard to go on voting
themselves doles and wages for civilian services, and also to
pay their oarsmen. They began to think they might be
compelled to adopt some government less expensive than
their kind of demokratia, which needed very large tribute to
chap, xi.] ATHENS 119
support it. As a tentative measure they set up a board of
ten Probuli, charged with the duty of suggesting retrench-
ments of expenditure, and almost certainly also invested
with the power of settling what resolutions might be proposed
in the general assembly.1 But in their anxiety to avoid
choosing demagogues among the Probuli, they elected elderly
men of good character but of no political experience, like
Hagnon and the poet Sophokles. It may be that no ten
men could be found who combined political experience with
a high reputation for personal probity.
In the course of 412 the distress at Athens was greatly
increased because the Spartans had established a permanent
garrison at Dekeleia in Attica and kept the country peisander,
constantly devastated : it followed of necessity 412> 4II#
that the whole population was again crowded into Athens.
The general situation, and especially the doubts felt by the
poor citizens whether they could find themselves wages and
doles, suited the purposes of a man named Peisander, who
had as an active demagogue been a favourite with the
distressed rulers of the city. He came forward as an advocate
of a new scheme of government. He told the assembled
citizens that there was no hope of salvation for Athens except
in an alliance with Persia and subsidies from Persia, and that
alliance with Persia and its attendant subsidies could be
obtained if they would modify their demokratia so as to
entrust authority to a body of men smaller than the whole
body of citizens and such as the King of Persia could trust.2
He gained a provisional assent to his proposal, and was sent
as envoy with ten others to the Persian satrap Tissaphernes.
Before his departure he visited all the Hetsereise or political
1 Thucydides, 8. 1. 3. Grote (ch. 61) expresses an opinion that the Probuli
had not the power of judging what proposals might be made : but a passage
quoted by Arnold in his note on Thucydides, 8. 1. 3 from Aristotle, Pol., 4.
1 !, 4, indicates clearly that they had.
- Thucydides, 8. 53.
120 REIGN OF TERROR [chap, xi
clubs of discontented rich men in Athens and told them
what to do. During his absence the clubs prepared for the
success of his projects by skilfully organising a series of
political assassinations.
When Peisander came back without having obtained any
promise of help from Tissaphernes, a reign of terror had been
established and he was able to do whatever he
effected by chose. The sovereign legislative powers of the
Peisander, ekklesia were handed over nominally to a body
of five thousand citizens, which however was not
called into existence : the whole executive power, which had
hitherto belonged to the committee of five hundred, was
forcibly taken over by a new council of four hundred con-
spirators, who installed themselves in office by intimidation
and afterwards acted under the guidance of Peisander and
his confidants Antiphon and Phrynichus.1 Since the
assembly of five thousand was only a sham and had no real
existence, all power — executive, legislative, and judicial — was
lodged in the hands of the four hundred or of the three men
who settled what the four hundred should do.
The name oligarchia is used by Thucydides to denote the
government of the Four Hundred : 2 but his use of the word
shows how widely its different meanings diverged from one
another. It was applied by Herodotus to the
Hundred : government of the Bacchiad princes at Corinth,
411 was defined by Aristotle as meaning any selfish
government exclusively in the hands of the rich class, and
is employed by Thucydides as a description of the rule in 41 1
of a gang of murderous adventurers, which was not by any
means identical with the rich class of citizens. It is most
unfortunate for students of political institutions that the
word exists : but I have been unable to dispense with the
use of it, because without it I could not make any reference
1 Thucydides, 8. 65-70. 2 Ibid., 8. 89. 1 and 3.
chap, xi.] AT ATHENS 121
to a great store of sound information contained in Aristotle's
Politics. The best that can be done is to use the word
as sparingly as possible, and never without pointing out in
what sense it is employed. The Four Hundred, whether
with Thucydides we call their ascendency an oligarchic or in
more appropriate language speak of them as a small band of
villains, did not long retain their power. For four months
in the second half of 411 they kept the citizens in subjection
by a few well judged assassinations: then dissensions arose
in their own body, and a mutiny of some hoplites led to their
overthrow.1
After the four hundred had been deposed, the supreme
power of voting in the assembly was given to those citizens
who were not too poor to provide a suit of Qra(iuai
armour : they were called the Five Thousand, return to
i • ii i -i t a -. ^ demokratia
but were in truth about nine thousand. In 410, at Athens,
however, the Athenians heard that their fleet had **° BC-
won a victory at Kyzikus, on the shore of the sea of Propontis,
which enabled it to get control of the Bosporus and to levy
as a toll one tenth of the value of every cargo coming from
the Black Sea.2 The Spartiatse offered them a peace with
far larger concessions than they could have hoped for before
the battle of Kyzikus, proposing withdrawal of the Spartan
garrison from Dekeleia in return for withdrawal of the far
less important Athenian garrisons from Spartan territory,
exchange of prisoners, and retention by each side of what it
had.3 The nine thousand at Athens, being elated by their
success, thought that the war could even yet be continued
with profit. They declined the offer of the Spartiatse, thus
showing that in matters of foreign policy they were equally
imprudent with their poorer fellow citizens. As the war was
1 Thucydides, 8. 93 ; Ath. Pol, 31, 32. 2 Xen., Hellen., 1. 1. 16-22.
3 Diodorus, 13. 52, 53, with passages from other sources cited by E.
Meyer, Gesch. d, Alterth., vol. 4. § 712 note.
122 CAPTURE OF [chap. xt.
to go on, the poor would be needed as oarsmen : therefore
it was necessary that they should be in a good humour and
willing to serve. The nine thousand gave them back their
old pecuniary allowances with a new dole of two obols daily
for the very poor,1 and either in 410 or not long afterwards
restored them to their places in the ekklesia. Thus in 410
or soon afterwards demokratia was again established, but
without any very certain income from abroad to provide
daily bread for the ruling class.
From the late summer of 411 till the early summer of
408 the naval operations of the Athenians were managed
Athenian mainly by Alkibiades, who, though he had while
conduct of absent from Athens in 415 been condemned
4ii b.c!- to death for high treason,2 and was entirely un-
404 B.C. trustworthy, had in 411 been accepted as a
commander, first by an Athenian armament in Samos and
afterwards on the fall of the Four Hundred by his country-
men at home. His management of the fleet was skilful:
he took a leading part in winning the battle of Kyzikus,
and gained many minor successes: and in 407 he was at
Athens as chief of the strategi. In that year, however, the
Athenians suspected him of desiring to become tyrannus.
They deposed him from office, and for the year 406 appointed
ten strategi all equal in power and without a chief. Eight
of these strategi won a splendid victory off the Arginusae
islets near Mytilene : but after the action several Athenian
ships that had been damaged sank in a storm with their
crews, and it was said that the strategi had not taken proper
pains to save them. The Ekklesia by a legislative enact-
ment, resembling an attainder, resolved that the strategi
should be put to death, and six of them who alone were in
custody were compelled to drink poison.3 In the following
1 SiupeXla. Ath. Pol, 28, 3. 2 Thucydides, 6. 61 end.
3 Xen., Hellen., 1. 7. 34,35.
chap, xi.] ATHENS 123
year, 405, all the new strategi except Konon were incompetent,
and the whole Athenian fleet of a hundred and eighty ships
was surprised by the Lacedaemonian admiral Lysander at
yEgospotami on the Hellespont, and all the ships were
captured except nine which Konon contrived to save.1
In 404 the city of Athens was closely blockaded, and was
compelled by hunger to surrender. The Athenians were
condemned to the loss of their Long Walls, were required
to give up all their ships of war except twelve, and in
foreign policy were compelled to obey the orders of the
Lacedaemonians.2
From 405, when the Athenian navy was destroyed at
iEgospotami, the Spartans took over those maritime cities
which had hitherto been under the hegemony ^ 40S B c .
of Athens, leaving those in Asia Minor to Persia : 399 B.C.
Amicable
thus an amicable partition of the cities was division of
made between the Spartans and the Persians, the maritime
A cities be-
The cities under the Spartans were compelled tween Sparta
to pay their new masters a tribute probably and Persia-
somewhat larger than they had paid to Athens in the days
before the Sicilian expedition, when the exactions of the
Athenians stood at their highest point: and the Spartans
made an attempt such as the Athenians had never essayed
to set up governments of their own in the tributary cities.
To each city they sent a Harmost or organiser : the Harmost
chose a body of ten men, called a Dekarchy, to rule their
fellow citizens in the interest of the Spartans. Their
scheme was intended to strengthen their hold over their
dependencies, and, if it had been at all well carried out,
might have led the Spartans for their own sakes to promote
the prosperity of the subject cities: but the Spartans who
were sent out as Harmosts, having never had experience
of governing any subject population except the Helots,
1 Xen., Hdlen., 2. 1. 2 Ibid., 2. 2. 20.
124 SPARTAN ASCENDENCY [chap. xt.
were unfit for their duties. They only cared about getting
in the tribute and enjoying themselves:1 and in con-
sequence they were hated in the cities to which they were
sent as rulers. In the mainland also of Greece the
Spartiatse used their new power in a masterful way. They
made the Athenians contribute to their war fund, and
deprived the Eleians of a part of their territory.2
The Spartan ascendency in Greece was no less oppressive
than the maritime ascendency of Athens had been. But
Quarrel be- tne Spartiatse might probably have continued
tween Sparta to dominate their neighbours for many years,
xerxes, King if they had not intervened in a dispute about
of Persia. ^he succession to the Persian throne. On the
death of Dareius Nothus in 404, his eldest son succeeded
him at Susa as Artaxerxes the Second ; but the younger
son Cyrus, satrap at Sardis in Lydia, tried in 401 to
dethrone his brother, and his enterprise was aided both
by Sparta and by the Greek cities of Asia Minor. About
the end of 401 it became known to the Greeks of Ionia
that Cyrus had been slain at Cunaxa in Babylonia, and
they saw that they would be exposed to the vengeance of
Artaxerxes for the help they had given to the pretender.
To save themselves they asked the Spartans to aid them in
a war to set themselves free from Persia.
The Spartans granted the request, and from 400 till 394
(3) 400 B.C.- ^ey sent armies to Asia Minor under Thim-
304 B.C. bron, under Derkyllidas, and under King
the Spartiatae Agesilaus. So early as 397 Pharnabazus, satrap
to rob the 0f Phrygia, which included the Asiatic shore of
the Asiatic the Hellespont, saw that in order to drive the
cities. Spartans out of Asia Minor the Persians
must get command of the sea; and he gained Artaxerxes
1 Plutarch, Amat. Narrat., p. 773 ; Xen., Hell., 5. 4. 56-57.
2 Ath. Pol., 39. 2 ; Xen., Hell., 3. 2.
chap, xi.] ENDED AT KNIDUS 125
to his opinion.1 In July 394 a large Persian fleet of
Phoenician vessels, under the joint command of Konon, the
one Athenian who was a good naval officer, and of
Pharnabazus himself, both acting as Persian admirals, won
a great victory at sea off the promontory of Knidus in the
south-west of Asia Minor, and put an end to the maritime
supremacy of Sparta.2 Konon and Pharnabazus visited the
maritime cities and restored all of them but about four or
five to complete and several independence, which they had
not enjoyed since 477, when they chose the Athenians as
their leaders.3
II. 394 B.a-387 b.c. balance of weakness among
THE GREEK STATES
In 394, when the Spartans lost their maritime ascendency,
they were also deprived of their domination over terrestrial
Hellas outside of the Peloponnesus. Before the battle of
Knidus was fought, Bceotia, Athens, and some other Greek
states were thinking of combining in order to reduce the
oppressive power of Sparta. Lysander marched out from
Lacedaamonia into Bceotia but was slain at Haliartus.
After his death the Spartans retired out of Bceotia: and
then an undisguised coalition was formed by Bceotia, Athens,
Argos, Corinth, and some towns in Eubcea. The armies of
the coalition met at Corinth and there fought an even
battle against the Spartans. King Agesilaus, who had been
warring in Asia Minor, having been recalled by the Spartan
government, marched through Thrace, Macedonia, and
Thessaly. At Koroneia in Bceotia he was wounded in a
1 The date 397 is fixed by Xen., Hell, 3. 4. 1.
5 Xen., Hell., 4. 3. 10-14.
* Xen., Hell., 4. 8. 1-5. Cities not restored in 394 to independence were
.^gina (Xen., Hell., 5. 1. 1, 2, and 5) : Methymne {Ibid., 6. 8. 29) : Abydos
(Ibid., 6. 8. 32): Oreus in Euboea (Ibid., 5. 4. 56, and Plutarch, Amat.
Xarrat., p. 773).
126 SPAETA AIDED BY [chap. xi.
battle which only enabled his army to secure its passage
into the Peloponnesus. In 393 Konon was permitted by
Pharnabazus to rebuild the Long Wall that joined Athens
to the Peiraieus : in 393 and 392 the enemies of Sparta
occupied the isthmus of Corinth in force, and the Spartans
were not able to dislodge them. The powers in coalition
held firmly together, and Corinth was so closely joined with
Argos that it was said hyperbolically to be a part of Argive
territory.1 For seven years from 394 till 387 Sparta was no
more than a Peloponnesian power. All the Greek cities
had become permanently very weak in consequence of their
exhausting wars, but among these weak states equilibrium
was maintained. Sparta, the least weak, was kept in check
by the coalition of Boeotia, Athens, Argos, and Corinth.
The Spartans, as soon as they had failed to dislodge their
enemies from the isthmus of Corinth, saw that they must
Negotiations for the present abandon all hope of gaining
of the dominions in Asia, and that the most they could
Spartans t m J
with the possibly attain was a restoration of their ascen-
!>e2rga£Ifin8'' dency in Europe. Their ultimate aim, then,
387 B.C. henceforward was merely to be able to oppress
the European Greeks. A step towards that end would be
taken if they could compel their opponents in Greece
to desist from hostilities and submit to conditions which
they would impose. But even a cessation of the war in
Greece and a pacification such as suited their purposes
could not be obtained, unless Artaxerxes could be induced
to put some pressure on those Greek powers which were
keeping them penned up within the Peloponnesus. Accord-
ingly from 392 they exerted themselves to gain Artaxerxes
over to their views. For five years Artaxerxes and his
advisers were of divided opinions : at last a Spartan envoy,
Antalkidas, by going to the Persian court at Susa gained
1 Xen., Hell., 4. 4. 1-13; 4. 8. 34; 5. 1. 36.
chap, xi.] PEKSIA 127
the Persian King over to countenance the projects of the
Spartans. It is probable that the Persian statesmen foresaw
that if Artaxerxes enabled the Spartans to impose cruel
conditions on their Greek neighbours, but did not afterwards
help them to enforce those conditions, all the Greeks would
be kept busy fighting in Europe, and could not molest
him in Asia. At any rate Artaxerxes gave Antalkidas a
document prescribing such terms as the Spartans desired.1
The document given to Antalkidas declared that King
Artaxerxes thought it right that all the Greek cities in Asia,
with the islands Klazomense and Cyprus should The Peace of
belong to him, but that all the other Greek Antalkidas,
cities both great and small should be auto-
nomous, except Lemnos and Imbros and Skyros: these
should belong as of old to the Athenians.2 The declaration
was intended by the Spartans to do damage especially to
Thebes, Argos, and Corinth. If the several cities in the
Boeotian confederation became autonomous Thebes would
be powerless, and Argos and Corinth when once they
were separate could easily be reduced to obedience by the
Spartans. Athens was allowed to keep Lemnos and Imbros
and Skyros, where it had Kleruchise, in order that it might
not be tempted to give aid to Thebes, Argos, and Corinth
when the Spartans wished to intimidate them. Antalkidas
before leaving Persia had foreseen that the Greek cities
generally would detest the terms of the proposed pacifica-
tion, and had therefore induced Artaxerxes to provide him
with ships or money which placed him at the head of a
fleet of eighty triremes and made him master of the sea.8
The fleet under Antalkidas and a Spartan army under
Agesilaus, backed with threats from Artaxerxes, convinced
1 Xen., Hell., 4. 8. 12-16; Plutarch, Arlax., 22; Xen., Hell, 5. 1,
25-31.
1 Xen., Hell., 5. 1. 31. * Ibid., 5. 1. 28.
128 SPARTA DEFEATED BY [chap. xi.
the Greeks that opposition was useless: the terms of
pacification were under compulsion ratified by all the chief
cities in Hellas, and the so called treaties of peace between
the Spartans and the other Greeks were known as the
Peace of Antalkidas.1
III. 387 b.c-362 b.c. last conflicts among the
GREEK STATES
From the moment that the Greek urban bodies politic let
a king of so little efficient power as Artaxerxes intervene to
settle their relations with each other we can discern clearly
that they were not of those fittest bodies politic, which
can hand on independence to many succeeding generations.
Their present communities were feeble, and their communities
in the next generation would be feebler still. In spite, how-
ever, of their exhaustion they yet engaged in destructive
conflicts for twenty five years more. These twenty five years
from 387 to 362 were divided into two clearly marked parts :
(1) 387-379. Ascendency of Sparta among the terrestrial
Hellenes.
(2) 379-362. Destruction of the power of the Spartans.
As soon as the treaties were ratified in 387, the
Spartans, using the name of Artaxerxes as a bugbear, could
, , „ deal as they chose with many of the Greek cities
(i) 387-379. J J
Ascendency on the mainland of Europe. They destroyed
°mSnarthe Mantineia, broke up a well managed confederacy
terrestrial of cities in Chalkidike near Macedonia, which
had been formed under the presidency of
Olynthus, and in 382 captured the citadel of Thebes by
treachery. But in 379 some Theban patriots, by means of a
plot devised by Pelopidas, recovered their acropolis, and
thenceforward the Greek cities, even in their miserable
1 Xen.,Hell.,5. 1. 32-34.
chap, xi.] THEBES 129
condition of exhaustion, were able to prevent the Spartans
from committing any gross acts of oppression.1
After the Thebans had recovered their citadel and their
independence in 379 B.C., the Greek cities formed a general
coalition for reducing the power of Sparta, and
for seven years acted together harmoniously Destruction
towards that purpose. The coalition comprised of the P°wer
, . of Sparta.
both terrestrial and maritime powers. Of the
powers on land Thebes was the strongest : among the
maritime powers Athens, on giving a solemn promise not to
repeat its old injustice of taking lands from other cities to
found Kleruchise, was able to establish a confederation of
maritime cities.2 At the end of seven years Thebes and the
other cities of Greece broke asunder. Athens and all the
lesser cities both on the sea and on the land were jealous of
the growing power of Thebes, and in 371 B.C. by making
peace with Sparta they left the Thebans to contend against
the Spartans single handed. The Thebans, within three
weeks of the day when they were deserted by their allies,
showed by defeating the Spartans at the great battle
of Leuktra, not far from Thebes, that they were not unequal
to their task.
The Athenians could not oppose the Thebans, for in 366
or 365 B.C. they destroyed the confederation of maritime
cities by the same sort of conduct as they had Great power
adopted in the days of their maritime ascend- of Thebes,
ency. They conquered Samos and the Thracian Chersonesus,
and breaking their promise made in 378 B.C. took lands in
them to establish new Kleruchias : and, though Samos and
the Chersonesus were not members of the league, the con-
federates were alarmed at the breach of faith committed by
1 Plutarch, Pelopidas, 7-12.
2 For the promise, see tlio inscription printed in Grote, Hist, of Greece,
octavo ed., 1862, vol. 7. p. 91. For the new confederation, Diodorus,
15. 29.
I
130 GKEEK CITIES [chap. xi.
the Athenians and the confederation was gradually broken
up.1 Thus from the battle of Leuktra for nine years
onwards Thebes was decidedly the strongest of the Hellenic
cities, and for the first time in Greek history the leading
city did not abuse its opportunities. The Thebans were
guided by their statesman Epameinondas, who laboured to
prevent the oppression of Greeks by Greeks : and after 362,
when he was slain in winning the battle of Mantineia, none
of the Greek cities was able to domineer over its fellows.
But jealousies among the enfeebled cities were no less pro-
nounced than they had been in the days of their strength :
and within thirty years after the battle of Mantineia common
action of the Greek cities was found to be impossible,
though nothing but common action could enable them to
retain their independence.
Ever since I spoke of the expedition of Xerxes into
Europe in 480, and of the combined resistance offered to
him in 477 by the Greeks, the relations of Greek
Individual
Greek cities, cities to one another have been so engrossing
AV bc" as to ^eave no Mention free for considering any
Greek city except Athens as an individual : and
even in regard to Athens I have not gone beyond 406 in
portraying its character. It is now my intention to sketch
as individuals those Greek cities which retained their
independence after 477, in so far as this has not yet been
done and can be done within a moderate compass.
In 477, as we have already seen, a large majority of the
Greek cities forfeited their independence, though it may be
that till 454 it was not universally recognised that they
were dependent on another city. After those dates the
only Greek cities that remained in plenary enjoyment
1 For the date of the Kleruohia in Samos see Diod. 18. 18, last words.
The rest of the evidence about the maritime league and its dissolution is
too intripate to state in a note. It is discussed by Grote, chapters 79»
and 80,
chap, xi.] SPARTA 131
of independence were perhaps Athens and Sparta. Those
peoples which at most times retained such independence
that they could choose whether they would be states
allies of Athens or of Sparta were found in having some
Corinth, Megara, Epidaurus, Sikyon, Bceotia: a ence after
nearer approach to complete independence was 477 BC-
made by Achaia, Argos, and Kerkyra, which were strong
enough at most times to refuse if they thought fit to act
in alliance with either of the leading Greek powers.
In considering the internal circumstances of the Greek
cities which retained independence after 454, we begin with
Sparta. The new phenomena in the government _
1 ■ ° Governments
of Sparta were these. Within a short time after of Greek
the Peloponnesian war had ended in 404, most g1 qS'^
of the Helots in Lacedsemonia were in possession B.C. Lace-
of their freedom, and inequalities had arisen
among the Spartiatte themselves.
The Helots gained their freedom from compulsory labour
by becoming acquainted with military operations. The first
occasion on which they saw fighting was the The Helots
campaign of 479 which ended in the battle of 479 B.c-
Plataea. In that campaign the five thousand 4
Spartiatss who went out to contend with the Persians under
Mardonius took with them a large number of Helots, which
Herodotus, possibly with some exaggeration, sets down at
thirty five thousand. It is probable that they adopted this
course much more because they were afraid to leave the
Helots at home unwatched than because they intended
them to be useful in fighting: but it may readily be
imagined that the Helots observed how greatly they out-
numbered their owners. About 467 the Helots got some
hopes of support from the traitor Pausanias, deputy king of
Sparta: but his treason was discovered and their hopes
came to nothing.
132 EMANCIPATION [chap. xt.
In 464 b.c, as we have already observed,1 the best of the
Helots fortified themselves on Mount Ithome, and within
ten years were able to depart from the Pelopon-
emancipa- nesus as free men. After these brave men were
Hdotethe g°ne> fche Spartans still had plenty of Helots left.
464 B.C.- In the early part of the Peloponnesian war they
employed some of them as soldiers, though they
distrusted them : in the eighth year of the war, being afraid
of their prowess, they induced two thousand of them to
come forward to receive emancipation as a reward of good
service, but they perfidiously murdered them.2 The
exigencies of the war, however, compelled them to employ
more and more Helots in fighting, and from 421 b.c. they
emancipated them in good faith.3 The men raised from
serfdom did not become Periceki, but were known as
Neodamodeis, or men resembling new commoners.4 When
the war ended in 404, it is probable that few of the
Messenians remained in serfdom : for from that . time
forward we do not read that the Spartiatse were constantly
employed in watching their bondmen.
In the days of the war against Xerxes the Spartiatse were
equals with one another, because all had the same privileges
and the same duties. The privileges of a
Inequalities ...
among: the Spartan consisted in being supplied with Helots
Spartiatae. W^Q ^T0Y[^e^ bjm Yrith. produce from his land
for the support of his family, in being fed at the public mess
table, in being trained to efficiency as a soldier and a police-
man, and in taking part in the meetings of the assembly
which were held every year for the election of ephors, and
on rare occasions for decision of a matter of policy: his
duties were comprised in an obligation to pay his share of
the cost of the common mess tables, and to conform gener-
1 See page 90. 2 Thucvdides, 4. 80.
3 Ibid., 5. 34 and 67, 7. 19 and 58, 8. 5. * Ibid., 7. 58.
chap, xl] OF THE HELOTS 133
ally to the Spartan customs. The equality of the Spartiatse
depended on the observance by the government of their
privileges, and on their own performance of their duties.
Six years after the end of the Peloponnesian war equality
among them was a thing of the past: for at that time a
large number of them were known as Hypomeiones, or
Inferiors, in contrast with the Homoioi, or Peers.1 The
inequality must have arisen from some withdrawal of
privileges or from some neglect of duties, or from both
causes combined. Aristotle tells us that any Spartan who
ceased to pay his contribution for keeping up the public
mess lost all his privileges, and that many in his time had
thus been disfranchised : 2 and hence we may safely infer
that the Inferiors were Spartans who could not pay.
But we may perhaps go a step further back and assign a
probable reason for the impoverishment of the Inferiors.
It may be that in consequence of emancipations causes of
during the war there were not enough Helots "^quality,
left to furnish all the Spartiatae with slave labour for the
support of their families. The inequality arising from the
impoverishment of the Inferiors was aggravated by the
success of those Peers who were employed as harmosts in
amassing large fortunes : and in 398 B.C. or 397 B.C. a con-
spiracy against the ruling class of the Peers was set on foot
by an Inferior named Kinadon and was joined by many
Helots, Neodamodeis, and Perioeki.3 The conspiracy was
discovered and its authors punished.
After the suppression of the conspirators, the Lace-
daemonians for nearly forty years allowed their foreign
policy to be directed mainly by King Agesilaus; but with
this exception they were thenceforward ruled by such a
1 Xenophon, Hellenica, 3. 3. 5 and 6.
2 Arist., Pol., 2. 9. 31 and 32 (Bekker, 1837) = 1271a. 1. 34.
3 Xen., Hell., 3. 3. 5 and 6.
134 DECLINE [chap. xi.
class government as was universal in the commercial Greek
cities. The governing class consisted of those few who were
„. rich enough to subscribe to the mess: and it
Government 0
of Sparta was so thoroughly wanting in public spirit and
ter398B.c. p0i£t£caj discrimination that by about 335 B.C.,
when Aristotle wrote his Politics, the Lacedaemonians had
only an army of one thousand hoplites, though their country
could have furnished thirty thousand, and they did not even
take the trouble to choose competent men to rule them as
ephors.1
It is, I believe, impossible to know with certainty what
causes produced the deterioration of the Spartan common-
• wealth in the period after the Peloponnesian
decline at war- The great symptom that announced the
Sparta deterioration was the concentration of all political
obscure. .
power in the exclusive possession of the Peers,
who were by far too few to exercise it well, and were not the
only class in the Spartan territory fitted by their character
to be entrusted with political influence. In short, the
symptom of decline was the success of the Peers in exclud-
ing the Inferiors, the Periceki, and the Neodamodeis from
political privileges.
The reason why they were able to exclude the Neo-
damodeis from all share of influence may perhaps be
guessed. The Neodamodeis were descended from Helots,
whom Spartiatse of older generations had hated and
despised, and who had hated and feared the Spartiatse.
The Periceki, who were probably the most numerous and
physically the strongest class in Lacedsemonia, might, even
though they resented their own exclusion from influence,
see that it would be dangerous to extend political citizenship
to the Neodamodeis, and thus they might help the Spartiatse
1 Arist., Pol, 1270a and 12706 = 2. 9. 16 and 2. 9. 19-21 in ed. of Bekker,
Oxford, 1837.
chap, xi.] OF SPARTA 135
to keep them out of it. But why the Spartiatae were able
to insist that the Periceki should have no political privileges
I do not understand : the reason may lie hid in some facts
connected with the original conquest of the Periceki by the
Spartans about which we have no information and can make
no plausible guesses. The reason why the Peers, now the
only fully qualified Spartiatae, succeeded in excluding the
Inferiors from taking part in the government is even harder
to imagine : for the common mess tables and the training
of the Spartiatse were of no political utility, since the
Spartiatse were reduced in numbers and were not sent on
foreign expeditions and had no dangerous body of Helots
to watch. It may be, however, that the Inferiors and the
Perioeki and the Neodamodeis were all willing, after the
failure of Kinadon's conspiracy, to acquiesce in their
exclusion from political privileges: if they were thinking
mainly of getting plunder in the expeditions of Agesilaus
in foreign lands, they might form the opinion that the
plunder would be more abundant if the conduct of affairs
were left exclusively to the Peers who had experience in the
management of external affairs.
Next we turn to the internal history of Athens, beginning
at 404, where I left it. After the Athenians
.... Athens after
were compelled in 404 to surrender their city to 404 b.c.
the Lacedaemonians, they were governed for (*) Forei&°
about eight months by thirty Athenians acting
in the interest of the Lacedsemonians, who are commonly
known as the Thirty Tyrants. In 403 B.C., in the archon-
ship of Eukleides, they re-established in its old form their
class government of the poor citizens, which was known as
Demokratia.1 Under the new demokratia as under the old
public business was divided into two parts, one consisting
of foreign policy and the conduct of wars, and the other of
1 Andokides, de. Mysteriii, 80-91.
136 ATHENS [chap. xi.
domestic government. In foreign policy, since Athens after
404 was for ten years dependent on Sparta, and afterwards
was compelled to adopt generally a defensive attitude, the
ekklesia could not commit such imprudences as had led to
disaster in the Peloponnesian war. Its only conspicuous
folly was its attempt made about 365 to establish Kleruchiae
in Samos and in the Thracian Chersonesus. Apart from this
serious error, the work of dealing with foreign powers
consisted almost entirely in accepting such alliances as
could be obtained, and in fulfilling the conditions of the
alliances: and that work was performed in general with
good sense and honesty. The conduct of wars, on the other
hand, was far less spirited than it had been. The poor
citizens who ruled the state were no longer generally
willing to serve as hoplites now that there was no chance
of exacting tribute from any cities, and from 391 onward
the most effective military force of the city consisted of
foreign mercenary troops who were equipped as light
infantry, and from their small targets were called Peltastse.
In regard to the internal government of Athens from
403 to 360 we possess no narrative, and can only get some
(2) Domestic indications from speeches composed by the orator
government. Lysias. From these speeches I get an impression
that Demokratia of the Athenian type was too expensive a
form of government for any city that had not external
tribute at command for giving pay to its poor citizens.
This impression is confirmed by what we know about
Athenian finance. From 425 to 415 when the revenue
stood at its highest point, the city received nominally
twelve hundred, and actually about nine hundred, talents of
tribute in every year, and the whole revenue was probably
something less than two thousand talents.1 After 404 there
was no tribute, and the whole revenue can hardly have been
1 Gilbert, Gr. Staatsalterth., 1. 399.
chap, xi.] THE LESSEE CITIES 137
more than six or eight hundred talents. Pay to poor
citizens for services in the dikasteria, the five hundred,
and the ekklesia, if given in full, would certainly use up
one hundred talents. So large a sum could not easily be
found : and it seems to be clear that false accusations were
constantly brought against rich men in order to replenish
the treasury, and that the speeches in which they were
made were composed by Lysias and his like.1
In regard to the lesser cities we know that Kerkyra was
governed sometimes with great violence by the rich citizens,
and on one occasion in 427 with atrocious cruelty by
the poor.2 Argos, which since the depopulation 0f the lesser
of Mykenoe and Tiryns about 468 was a simple cities ^ter
447 B.C.
urban community, was ruled usually by the poor,
who in 370 beat more than a thousand of their opponents to
death with bludgeons.3 At Corinth, at some time probably
after 350, Timophanes, brother of Timoleon, made himself
a tyrannus and was killed. Beyond these facts we hear
little about the governments in the lesser cities. But we
may be sure that all of them were what I have called class
governments, because Aristotle in his Politics, written about
335, takes it for granted that every government in a Greek
city must necessarily be either Oligarchia, or Tyrannis, or
Demokratia. Nor is it surprising that the governments in
such cities as Corinth, Megara, Epidaurus, Kerkyra were
class governments : for, although from the beginning of the
Peloponnesian war in 431 till the battle of Mantineia in 362
these lesser cities were frequently engaged in wars against
other Greek states, the wars were not such as to make it
necessary for the cities to set up governments satisfactory
1 E. Meyer, Gesch. d. Alterthums, vol. 5, § 871, founded on Lysias,
Orations 28, 29, 27, 19, 22, and in particular on 27. 1. Isokrates, 8. 130
(composed in 355 B.C.) gives strong confirmation.
2 Thucydides, 3. 70-81.
3 Diodorus, 15. 58.
138 GREEK [chap. XL
to all classes of the citizens, and capable of evoking vigorous
patriotic action. The lesser cities only engaged in wars as
underlings to more powerful allies : there was, therefore, no
need for their governments to conciliate the citizens in order
to induce them to serve willingly as soldiers or officers in
their armies, since the powerful allies whom they followed
in war were ready to support the governments with force
and to insist that the troops that they required must be
forthcoming.
While the Greek communities and especially those
communities that were concentrated in commercial cities
were showing their inability to deal wisely with
intelligence ^he more difficult problems of statesmanship, the
of individual Greeks as individual men, and especially those of
Greeks
in the them who lived in commercial cities, attained to
commercial intellectual excellence such as has never been
cities. .
approached by men of any other race. It is
perhaps in all cases impossible to go more than a little way
towards guessing how any race of men got its intellectual
qualities : in the case of the Greeks our chances of going far
in that direction are diminished by the fact that Greek
history before 650 B.C. does not exist. But we can observe
what intellectual qualities were common to all the Greeks, and
which were peculiar to some of them. Vivid imagination
and a love of poetry appear to have been common to all the
race. Picturesque legends of gods or heroes grew abundantly
everywhere: even the comparatively stolid Boeotians pro-
duced Pindar, and the Spartans valued Tyrtaeus. But
artistic taste, literary skill, and philosophic acumen were
found only in the commercial cities, and rose to their
greatest excellence in Athens: among those Greeks whose
pursuits were agricultural or military they were not present.
It is possible to see vaguely why much keen intellect was
produced in the Greek commercial cities, and why it was
chap, xi.] INTELLECT 139
not employed largely on the work of government. In
every commercial city the citizens sharpen their wits on
the wits of their fellow citizens, and gain quicker
intellects than country folk are likely to have, of political
But in the Greek commercial cities the work pu^nesf
in Greek
of government was not so serious or so attractive commercial
to men of great mental power as it has been in
the larger bodies politic of later times. The commercial
cities had very small territories, they possessed generally an
immunity from fear of conquest, they very seldom made
voluntary alliances, and they did not govern any subjects
outside their own narrow limits. Hence it is probable that
the citizens of an ordinary Greek commercial city were from
long custom almost as incapable of taking effective interest
in events outside their own city walls as the citizens of
Florence in the fourteenth century after the Christian era,
or of Ghent in the fifteenth.1 Plato in his Republic and
Aristotle in his Politics, while treating of the aims and
characters of governments, trouble themselves very little or
not at all about the qualifications of different governments
for good management of foreign policy.
It is true that Athens, especially from 510 to 431, was not
an ordinary purely commercial city. Attica between 510
and 479 was attacked four times by Greeks and „. ...
J . Directions
twice by Persians, and afterwards the city of in which
Athens was for many years occupied in the Pf ef. .
J J t intelligence
hazardous work of exacting tribute from the was chiefly
maritime cities in opposition to the wishes of empoye
all the Greeks; and accordingly between 510 and 431 the
work of practical political life did prove attractive to some
of the very ablest men in the city, as Kleisthenes, Themisto-
kles, and Perikles. But even then in Athens only one
first rate man was wanted at a time, and if two chanced to
1 Commines, Mdmoires, 5. 15 and 16.
140 INTELLIGENCE BANISHED FROM [chap. xi.
be present a vote with potsherds was taken, and one of them
was banished for ten years. Hence nearly all the men of
ability, who were very abundant, turned their attention
away from practical politics to the construction of theories,
to imagination, and to the production of things of beauty.
In the commercial cities other than Athens able statesmen
were superfluous, and, if present, were made to feel that they
were out of place: for in those cities the ruling class,
whether it consisted exclusively of the rich or exclusively of
the poor, governed collectively for the protection of its own
interests, and was careful that no man of ability should rise
to higher influence than was enjoyed by men of only
ordinary understanding: in Athens from 431, when the
whole population was crowded into the city, the policy of
preventing men who combined genius with high moral
character from getting influence in any part of the home
government was carried out with extreme rigour. Hence the
men of genius in the commercial cities generally were not
employed in practical politics, and had leisure to employ
their wits as they would: in Athens the men of ordinary
intelligence also had leisure, because very few of them
worked to earn a livelihood ; and in every Greek commercial
city the average of intellect for everything that was not
practical stood at a wonderfully high level. In Athens,
where wits were most acute, the ordinary citizens took their
pastimes in talking, jesting, arguing: their public duties
made them good judges of oratory in the dikasteria and in
the ekklesia, and of dramatic art at the religious festivals.
The men of genius were producers of things of beauty and
enlightenment; and they have left to mankind jewels that
last for ever in their buildings, their statues, and their
painted vases, together with the still more precious treasures
of their poetry, their oratory, their histories, their mathe-
matics, and their philosophy.
chap, xi.] PRACTICAL POLITICS 141
IV. 362 B.c-338 B.C. isolation of the greek states
AND THE END OF THEIR INDEPENDENCE
From the year 358 B.C. the Greek cities were hastening
to disaster. Philip had then been King of Macedonia for
about a year: his army was far stronger than any that
could be found in Greece, and he began to interfere in
Greek affairs. The Greek cities were too jealous of one
another to join in resisting him, and their citizens would
not serve as soldiers. In 338 B.C. he won the battle of
Chseroneia in Bceotia : and from that time to about 251 B.C.
all the Greek cities were obliged to obey the orders of
Macedonian masters in regard to foreign policy, though
they were usually permitted, if they were submissive in
regard to external affairs, to manage their internal govern-
ment for themselves.
The history of the Greeks in Italy and Sicily presents
many points of interest and of contrast with the history of
the eastern Greeks. Italy and Sicily are not
naturally divided into areas so small or so mentsin
defensible as the natural divisions of Hellas. Italyand
Sicily.
Hence a Greek settlement in Italy or Sicily
often had a large territory in which it had first to contend
with the uncivilised natives and then to control them. It
had room to plant many smaller towns with Greek in-
habitants besides the capital city : and as it had no strong
natural boundaries it might have to defend its territory
from attack by any neighbouring community of Greeks.
Hence the government of a Greek city in Italy or Sicily
needed to conciliate all classes of its subjects in order
that they might be willing to fight zealously. The govern-
ments of the Italiot and Sikeliot cities before 500 B.C. were
indeed generally oligarchic : but in many of the cities they
were what Henry Sidgwick well calls broad-bottomed
142 SICILIAN GREEKS [chap. xi.
oligarchies.1 In Rhegium and Kroton the government was
vested in a large body of the well-to-do citizens commonly
called The Thousand: in Syracuse the rulers were the
Gamoroi, or land sharers, the heirs of the men who had
received lots of land soon after the city was founded.2 In
Sicily the Greeks from 480 B.C. onward were exposed to
the peril of terrible Carthaginian invasions: and hence
Syracuse had four patriotic tyranni, Gelon, Hieron the
First, Dionysius the Elder, and Hieron the Second ; and
also a patriotic Demokratia, founded and fostered by
Timoleon.
But we have no continuous narrative of the fortunes of
the cities in Italy and Sicily : after about 500 B.C. we know
ji , , very little of the Italiot cities, and before that
Obstacles to J
complete date we know almost nothing about Sicily.
Greek°cities Beyond this the history of the Sikeliot towns,
in Italy and even if we knew it, would be found to be dis-
continuous. Between 493 B.C. and 467 B.C. the
lives of many Sikeliot peoples were ended by their violent
transplantation: and the Syracusan people itself, which is
by far the best known of them, suffered nothing less than
a transformation into a new people, when between 485 B.C.
and 480 B.C. Gelon brought into it large bodies of immi-
grants from neighbouring cities and added to its citizens
ten thousand of his mercenary soldiers. It is true that in
461 B.C. the Greeks in Sicily tried to undo the work done
by Gelon and his brother Hieron ; but I cannot believe that
they could bring back the Greek communities to what they
had been. In consequence of the scantiness of our informa-
tion and of the intrinsic difficulty of the task, I do not
attempt to make a consecutive story of the doings and
fortunes of the Greeks in Italy and Sicily.
1 Sidgwick, Development of the European Polity, p. 95.
8 Smith, Diet. Oeogr. ; 'Rhegium,' 'Croton,' ' Syracuse.'
chap, xi.] ARISTOTELIAN NOMENCLATURE H3
Three years after the Greek cities lost their independence,
Aristotle published his treatise on Politics. It is not my
intention to attempt a general discussion of this . . . . u
great work ; but it is necessary to point out nomencia-
that Aristotle gave new meanings to the terms ure'
oligarchia, tyrannis, and demokratia, and that, if we do not
discriminate between the Aristotelian senses of these words
and those in which they were employed by the Greeks before
his time, we shall be led into making blunders about
Greek history. Till Aristotle wrote the Politics, oligarchia,
tyrannis, and demokratia were popular terms with meanings
determined solely by somewhat superficial observation of
facts, and they did not necessarily imply any attribution
of blame or praise. The words tyrannis and demokratia
were used without perceptible variation of meaning : tyrannis
was the absolute rule of a usurper, whether gentle or oppres-
sive ; demokratia was the collective rule of all the citizens,
and therefore practically of the poor who always had a
numerical majority of the votes, whether that rule was just
or unjust. Oligarchia denoted, as its derivation indicates,
the rule of few, or the rule of any number of men who were
but a fraction of the whole body of citizens. The word then
was applied indifferently to the rule of a group of princes,
or of a cla^s of nobles, or of rich men, or to the domination
of a small gang of murderous conspirators, and it was
applied equally to the good rule or the bad rule of a small
group of men. Aristotle tried to turn the popular words
tyrannis, demokratia, and oligarchia into scientific terms by
defining them : and he got his definitions not so much from
an improved observation of facts as from two axioms, or
statements which he deemed to be incontrovertible. His
axioms were these: (1) in every city supreme power is
lodged in the hands either of one man, or of the few
rich, or of the many poor ; (2) every government is conducted
144 AEISTOTELIAN [chap. xi.
either for the welfare of the whole community under it,
or for the selfish interest of the ruler or rulers.
Hence Aristotle deduced the following conclusions
Governments are divided into two great classes: firstly,
those conducted for the welfare of the whole
classification community, which he calls normal or right
of govern- polities ; secondly, those managed for the selfish
interests of the rulers, which he calls perversions
of the right polities. Further, each of the two classes is
divided into three species. Among the normal polities the
rule of one for the common weal is Basileia, or Kingship:
the rule of the few best for the best results to the com-
munity is Aristokratia : the rule of the many poor for the
good of all is Polity, which bears in a laudatory sense the
name common to all the sorts of governments. In like
manner among the perversions, the rule of one for his
selfish interest is Tyrannis, the perversion of kingship:
the selfish rule of the few rich is Oligarchia, and the rule
of the many poor for the interest of their class is Demo-
kratia. Thus Aristotle introduced into the meanings of
Tyrannis, Oligarchia, and Demokratia an element of re-
probation, which was not present in the minds of the
earlier Greeks when they made use of the words : and he
omitted from the meaning of Tyrannis the implication of
a usurpation which in its current use it conveyed.
We are now compelled to examine whether Aristotle's
definitions contain truthful descriptions of Greek govern-
ments at all parts of Greek history alike : and it
Comments. • i i • ^
may be convenient though not strictly necessary
to form a provisional notion whether his terminology is
likely to be useful if applied to governments that have
occurred in other lands than Greece. It is manifest that de-
finitions derived from axioms will give truthful descriptions
only of those objects concerning which the axioms are
chap, xi.] CLASSIFICATION 145
strictly true. In regard to the greater part of the govern-
ments that meet us in European history outside of Greece,
both the axioms that Aristotle laid down are obviously
untrue. It is a rare occurrence if, in a body politic much
larger than a Greek city, we discover a government con-
ducted either exclusively by the few rich or exclusively by
the many poor. We do indeed find in the large bodies
politic, whenever they are in danger of falling in pieces or
are waging great aggressive wars, that they are governed
exclusively by a single man : but under all other circum-
stances their governments are made up out of a combination
of the rule of the one and the few, or of the rule of the one,
the few, and the many. And again in history taken at large
it is unusual to find a government that is entirely public-
spirited or entirely selfish : most governing bodies rule partly
for the common weal and partly for their own interest. There
is then no presumption that the Aristotelian terminology will
be useful if it is applied to the large states outside of Greek
history : there is rather a presumption that it will be mis-
leading. In regard to the polities which he calls normal his
conclusions can scarcely fail to be unsound, since he confesses
that he does not know any instance of Basileia or of Aristo-
kratia, and he does not explicitly mention more than one
example of Polity that can be identified with a government
of which we have any historical knowledge beyond the
scanty information that we obtain from Aristotle.1
But to go back to Greek history. Even if we confine our
attention to Greek bodies politic, which alone were well
1 The one example is found in the government of Syracuse in 415 B.C. ,
immediately before the city was attacked by the Athenians. From Arist.
Pol. 5. 4. 9 we learn that the government of Syracuse at that time was a
Polity. From Thucydides, 5. 41. 1 we learn that the chief organ in the
government was a popular assembly ; but the strategi had the power to order
an assembly to disperse, and from Thuc. 5. 41. 4 we see that an order to
disperse given by a strategus was promptly obeyed. No strategua could
have dared to give such an order in a demokrat ia.
K
146 ARISTOTELIAN [chap. xi.
kuown to Aristotle, we find that his axioms are true, not
of all Greek bodies politic, but only of many. Take first
Aristotle's his axiom that in every body politic power must
first axiom, belong to one, or to the few, or to the many.
This axiom was true of many Greek bodies politic : for at
all times in Greek history the lesser commercial cities were
ruled by a person or a class, and in the time when Aristotle
wrote Macedonia was governed by a hereditary king who
had become practically a despot. But at all times in Greek
history there were bodies politic for which the axiom was
untrue : among them were in the time of Aristotle the
federations of the Achseans, the Phokians, the Akarnanians,
the ^Etolians, and the Boeotians : in earlier times before
460 B.C. the larger cities Athens and Argos, and all those
bodies politic which, like the Spartans, were employed in
military or agricultural pursuits and not in commerce.
Then for the second axiom which asserts that every
government is either patriotic or selfish. This axiom, like
Aristotle's ^e *asfc' even ^ applied only to Greek govern-
second ments, is found to be in many cases untrue ; for
in Greece, as elsewhere, a government was usually
partly patriotic and partly selfish. If Aristotle had said
merely that many Greek governments were usually either
in the main patriotic or in the main selfish, his dictum
would have been harmless : he does say that all governments
are either patriotic or selfish, and probably from a desire to
make his classification a neat logical sequence from his
axioms goes on to say that in all cases Oligarchia, Tyrannis,
and Demokratia are selfish governments conducted with a
view to the interests of the rulers. It is quite true that
many of the class governments of the Greeks were selfish,
and some of them were violently oppressive of their subjects ;
the worst of all were the demokratiae in Kerkyra in 428 B.C.,
and in 370 B.C. at Argos. But Aristotle accused them all
chap, xi.] AXIOMS 147
of selfishness, meaning that they were selfish towards their
subjects : for he never takes any account of the behaviour
of a government towards foreigners.
Aristotle could not have made his sweeping condemnation
of all Oligarchic, all Tyrannides, and all Demokratise, if he
had attended more to individual instances and
less to philosophic axioms. In regard to Olig-
archic we know little: but it can scarcely be doubted
that the broad-bottomed oligarchies of Rhegium and
Kroton were compelled by their circumstances to pay due
attention to the interests of their subjects. Aristotle
certainly counted Peisistratus and the despotic rulers of
Syracuse as tyranni : he says plainly that he cannot find
any instance of Basileia,1 and therefore he must reckon all
absolute rulers as tyranni. Thus when he asserts that a
tyrannus rules for his own selfish interest, he makes a
statement that is in some cases untrue : Peisistratus, though
his power was absolute, ruled more like a citizen than a
despot ; and the Syracusan tyranni bravely defended their
subjects against the Carthaginians. The poor citizens who
ruled Athens for a hundred years did not, so long as they
had the tribute coming in, oppress their wealthier fellow
citizens: the follies and cruelties of their external policy
were aimed not against Athenians but against foreigners:
and even in the time after 358 B.C., when they were too
blind to see that unless they consented to serve in the army
Athens would be conquered by Philip, they themselves
suffered as much as anybody else from the effects of their
ignorance and apathy.
It is then a matter of necessity to distinguish carefully
between the Aristotelian and the ordinary senses of the
words Tyrannis, Oligarchia, and Demokratia, and, when
we read of a tyrannis in Herodotus, or of a demokratia or
1 Aristotle, Politics, 3. 14.
H8 ACHAEAN LEAGUE [chap. xl.
an oligarchia in Thucydides, to understand the words in
the senses which those authors intended them to bear, and
Caution not m fcne vei7 different senses which Aristotle
needed in afterwards imposed on them. My task of de-
Greek poiiti- scribing Greek governments would have been
cai terms. greatly simplified if I had entirely abjured all
mention of the deceptive words oligarchia and tyrannis and
demokratia, and had, whenever a description of a govern-
ment was wanted, employed such English words as seemed
best to suit it : but, if that course had been adopted, I should
have been debarred from citing without explanatory dis-
cussion many important passages from Greek writers in
which the words are employed.
It is obvious that the inability of the Greek bodies politic
to maintain their independence against Philip of Macedonia
T... « .. arose from their inability or unwillingness to
The Achaean m J °
League, join in a common policy. Incapacity, however,
251 ' " and aversion for combined action, did not con-
tinue for ever to be characteristics of all of them. Under
the supremacy of the Macedonian kings some bodies
politic in the Peloponnesus underwent such discipline as
cured them of their old habit of distrusting all their
neighbours, and in 251 B.C. they joined together and
formed the Achaean League. That famous confederation
cannot be neglected: but in order to avoid needless
repetitions it is better to say nothing about it till we have
to consider Federal States.
CHAPTER XII
COMMENTS ON THE GREEK CITIES AND GOVERNMENTS,
477 B.c-338 b.c.
It has already been pointed out in my eighth chapter
that until the expedition of Xerxes into Europe the Greek
communities lived in political isolation from one Relations
another, having no deadly enmities and no warm among the
Greek cities
friendships, and scarcely knowing one another 48oB.c-
except through commercial transactions between 4°4 BC-
their citizens. An exception must now be made in favour of
the communities in the Peloponnesus. Since about 560 b.c.
the Spartans had gained control over some towns outside
their natural frontiers, as Tegea and some of the towns in
Arcadia, and had directed their doings, seemingly without
maltreating their inhabitants : in 508 b.c. they had gained
a voluntary alliance from Corinth and probably from some
other towns near Corinth. Thus when Xerxes came to
Europe the Peloponnesians were able to act together,
without any great degree of mutual distrust. But the
Peloponnesians knew very little about the Athenians, and
would not support them against Xerxes until it became clear
that they must do it for their own preservation : and two
years after the defeat of Mardonius at Platsea, the maritime
cities of the yEgean Sea were so ignorant of the art of dealing
with an external government that they surrendered their
independence to Athens in return for protection against the
Persians. After the year 454 nearly all the Greek cities
150 GREEK URBAN GOVERNMENTS [chap. xii.
were dependent either on Athens or on Sparta, and only
a dozen at most of the town communities remained inde-
pendent. But there appeared one hopeful feature in Greek
political life on which I have not as yet laid proper stress :
at various times between 462 and 421 some of the inde-
pendent Greek towns, out of hatred of Athens, made
voluntary alliances with Sparta, and it was quite possible
that between voluntary allies friendly feelings might arise
and become permanent.
From 454 to 404 the general course of Greek history was
determined in the main by the relations between Sparta and
its dependents and allies, and between Athens
Sparta and L
Athens did and its dependents. First, we may consider the
n°t.^overn relations of both Sparta and Athens with their
dependent dependencies. The most surprising feature in
those relations is this: neither Sparta nor
Athens governed any of their dependent towns. I do not
fully understand why no Greek town between 454 and 404
ever tried to govern a dependent town, but think it likely
that from habit the Greeks in a town that had dependencies
could not conceive it to be possible that their own govern-
ment could govern except in the town to which it was
native, or that it could send a branch of itself to govern
elsewhere : and, if they had thought of sending out a branch-
government, they would have condemned the notion as
impracticable, because the dependent towns would violently
resent the rule of foreigners. It was generally thought by
the Greeks that, if a town was conquered, it must either
have its walls razed to the ground and be depopulated, as
was done to Sybaris a little before 500 B.C., when it was
conquered by Kroton, or must be governed by some part of
its own citizens who could be trusted to govern it in the
interest of the conquering town.
As the Spartans and the Athenians did not govern their
chap, xil] STRICTLY LOCAL 151
dependent towns, they took advantage of their superiority to
demand from them either contingents for service in war, or
else payments of money. The plan of requiring
contingents for war was suitable for dependencies from them
near at hand on the land, and was adopted by contingents
.or money.
the Spartans. It did not answer so well with
dependencies beyond the sea, because those dependencies
could only furnish ships, and ships which serve reluctantly
are not kept to their duty so easily as contingents of soldiers
ashore: hence the Athenians after a time nearly gave up
the practice of demanding contingents from their depend-
encies, and preferred to take money. The Spartans treated
their dependents with some consideration, because they
wanted to get their contingents easily and to find them
zealous: the Athenians cared nothing for the welfare or
contentment of their dependents, because they could always
compel them to pay. Sparta was an ordinary suzerain :
Athens was both a suzerain and a parasite.
The alliances voluntarily made by some Greek towns with
Sparta between 462 and 421 did not succeed in joining the
towns that made them in permanent friendship Aman es
with the Spartiatse. It is indeed clear that, till with Sparta
the great war between Sparta and Athens began at firet7
in 431, the Spartans must have been careful to afterwards
conciliate the peoples in alliance with them, such
as the Boeotians and the Corinthians, and to treat them with
consideration : but after the war was on foot the purposes of
the Spartans were duly served by allotting to their allies
treatment only a little less harsh than those allies could
expect to get from the Athenians, if they were to go over to
the Athenian side. In 421 the Spartans made a treaty of
peace with Athens in which the interests of their allies were
neglected. After that date I believe they had no allies who
helped them quite voluntarily or regarded them as friends
152 ABSENCE OF STATESMANSHIP [chap. xii.
who could be trusted. After they won the battle of
Mantineia in 418, they did indeed keep as large a body of
allies as they had had before 421, but it is likely that their
allies were induced to support them more by fear than by
good will.
In nearly all lands except ancient Greece the businesses
of governing dependencies which may be disobedient, and of
keeping voluntary allies contented to perform
statesman- their promises, have been the departments of
ship rarely government in which, above all others, wisdom
needed in © '
Greek states and civilian statesmanship have been needed
and have been learned. In Greece after 477 the
business of governing dependencies was not done by any
city, and the work of managing voluntary allies was under-
taken by no city but Sparta, and by Sparta only for about
thirty years. Consequently wisdom and civilian statesman-
ship were not needed and were not learned, except perhaps
in Sparta for one generation. It is worthy of remark that
the work of governing dependencies which might disobey
orders had been needed in Attica till the time when
Kleisthenes made his constitution, and possibly till the
battle of Marathon. For in very early times Athens, no
doubt, had trouble in ruling the towns in Attica ; after the
time of Solon the men of the Highlands and of the Sea Cliff'
would not readily obey the men of the city and the Plain,
and up to the time of Kleisthenes provision had to be made
against local dissensions. Hence in the constitutions both
of Solon and of Kleisthenes arrangements were made to
ensure that men having skill in civilian government should
have a large share of influence. The archons were elected
for their merits, and after they had served for a year they
became members of the Areopagus for life. The invasion
of Datis which ended at Marathon no doubt completely
united all the inhabitants of Attica. Henceforth there were
chap, xii.] FROM THE GREEK TOWNS 153
no recalcitrant dependencies in Attica: and when the
Athenians acquired dependencies beyond the sea they did
not govern them. Thus it came about that after the battle
of Marathon the Athenians did not need civilian statesman-
ship for any purpose whatever, and they were free to enact
that archons should be taken by lot, thus making it certain
that the Areopagus would never again be filled with men
distinguished for wisdom, and to decide that in the council
of five hundred, which after the degradation of the
Areopagus took over the civilian business of the city,
no man should serve long enough to become capable of
doing his work with the efficiency that comes of experience.
Between 462 and 431 it is likely that among the Spartiatse
civilian statesmanship was needed, and was found in the
annual boards of ephors : after 431 it was superfluous.
In 404 Sparta took over the part of general bully which
had till 413 been played by Athens. Hence about 394 a
new voluntary alliance was formed by Bceotia, .,
* * Absence of
Athens, Corinth, and Argos : but as soon as the friendliness
Spartans in 379 were driven out of the citadel Q™°eIk'town
at Thebes, the new alliance began to break up, communities
and its members showed their dislike of one
another. After the battle of Leuktra in 371 it is hard to
find any two Greek town communities that did not regard
one another as potential enemies and even as probable
enemies.
Within the individual Greek cities there was deterioration
no less than in their relations towards one another. At
Athens the poor citizens who controlled the „ ., ,
r Peril of
work of government refused to serve in the the Greek
army, and Plato, the most brilliant genius then JjUJ^ from
living, was so little aware that skill in govern- their dis-
ment can only be learned by practice, that in his
Republic he advocated the bestowal of supreme political
154 GENERAL VIEW [chap. xti.
authority on the philosophers. At Sparta the Spartiatse
were few, and having little patriotic ardour themselves could
stir none in the minds of the Inferiors, the Periceki, and the
Neodamodeis. But the deterioration in particular towns
was of small moment in comparison with the relations
between the towns. The several towns were no longer
without experience of political dealings with one another,
as they had been in the time of Xerxes. When Xerxes
invaded Greece they did not know one another, and regarded
one another with indifference, or at worst with vague
suspicion. Now after 371 each of them knew the rest and
hated them. Meanwhile to the north of the Greeks had
grown up very slowly and therefore strongly the healthy
and powerful tribal kingdom of Macedonia; and none of
the Greek townsmen except a part of the Athenians who
listened to the warnings of Demosthenes looked outside
their own walls with enough attention to discern that the
Macedonians were dangerous neighbours.
The general conclusions derived from a survey of the
whole history of the Greek towns are these. The towns
General could not combine in alliances, nor, except in the
conclusions. case 0f the Boeotian towns, in a federation, nor
could they be united by conquest. Isolated they were at
the beginning, and isolated they remained to the end. And
their isolation was caused in the first instance by the
natural barriers which divided them and prevented them
from fighting against one another: it was subsequently
intensified by the opinion current in every town that the
town was self sufficing and could secure its own interests
without the support of alliances.
This chapter may properly be ended with a tabular view
of Greek urban bodies politic from the beginning to the end
of the history of the Greek independent cities. A general
view of them extending only to 480 B.C., given in the eighth
chap, xit.] OF THE GREEK TOWNS 155
chapter, was very simple and straightforward, because till
480 B.C. every Greek urban body politic only bred in every
generation a body politic like itself in structure
n , -,-, ,, .nn ,. General view
and character. But after 480 B.C. it often Qf Greek
happened that a Greek body politic generated urba? bodies
one slightly unlike itself, and that in turn
generated one more unlike the first. Thus at Athens the
composite body politic of 510 bred by 490 a simple body
politic, and that simple body politic by 454 gave birth to a
simple body politic corrupted by receipt of tribute, and
that in 429 to a simple body politic, still more corrupted by
receipt of tribute, and all living crowded within the walls of
the city. In Sparta, by 398 B.C., there had been generated a
community in which the Helots had become personally free,
and inequalities had arisen among the Spartiatse : and that
Spartan community of 398 B.C. bred others like itself in the
succeeding generations. In Argolis, where bodies politic
had till 468 B.C. been composite, there followed from that
date, at which Mykenoe and Tiryns were depopulated, a
succession of simple urban communities; in these Argive
communities the poor were usually the rulers, but once at
least in 371-370 the rich tried to get control of the govern-
ment, and in consequence a thousand of them were beaten
to death with bludgeons. In the many maritime com-
mercial cities, without appreciable rural territory, and in the
Boeotian confederacy, no new forms of bodies politic arose.
The greater part of the maritime cities lost their independ-
ence between 477 and 454, and thenceforth did not contain
bodies politic that could act freely: those maritime cities,
as Kerkyra and Corinth, which retained something nearly
approaching to independence, as well as the Boeotian con-
federacy, only produced such bodies politic as had lived in
them in earlier days. Hence in my completed tabular view
of Greek urban bodies politic, there is in regard to the
156 TABULAR [chap. xii.
maritime cities and to Bceotia nothing new to add : the new
forms of bodies politic that arose in Sparta and Argolis and
Attica must be duly recorded. The pedigrees of bodies
politic in Argolis and in Attica run parallel except in the
later generations, which in Attica were corrupted by the
habits bred from receipt of tribute, and in Argolis were not ;
therefore the pedigrees for Argolis and for Attica will be
put together in a group. The pedigree of bodies politic in
Sparta had none other like it, and must stand alone. Thus
the groups of pedigrees in the table now inserted are not
the same as in the table appended to the eighth chapter.
The groups have needed to be made afresh, because our
survey of Greek bodies politic is now more complete than
when the earlier table was constructed.
It is manifest from the course not only of Greek history
but of all history that the parentage of a body politic
exercises an influence always large and often paramount in
determining its character. Hence it is, that in the table
now subjoined, and in other tables to follow in subsequent
chapters, bodies politic are arranged in pedigrees. Where
it chances that a number of consecutive generations are
undistinguishable from one another, they are mentioned as
a succession, and some words to describe their general
character are inserted. But when a succession of genera-
tions of one character is followed immediately by a
generation or several generations of a different character,
the earlier generations are noted separately, and the later
separately: between the earlier and the later a vertical
straight line is inserted, as is done in genealogical tables,
to show that the later were the direct progeny of the
earlier. When, for the sake of brevity, a few generations
are left unnoticed, those that are before the gap and those
that come after it are shown to be of the same family by
the insertion of a sinuous line.
CHAP. XII.]
VIEW
157
TABULAR VIEW OF ALL GREEK URBAN BODIES
POLITIC, ARRANGED IN PEDIGREES, AND THEIR
GOVERNMENTS.
Governments.
Class governments :
Rule of the rich (Oligarchia), or
Rule of a usurper (Tyrannis), or
Rule of the poor (Demokratia).
Bodies Politic.
Group 1. — In about sixty mari-
time cities, with strong
frontiers towards the land,
and not having appreciable
territory outside their walls.
In each city a succession of
simple urban communities,
maritime and commercial, not
waging wars by land as prin-
cipals.
Best examples Corinth, Megara,
Naxos, and after 435 B.C.,
Kerkyra.
Group 2. — In Bceotia, which con-
tained several towns in federa-
tion.
A succession of federal bodies Federal government,
politic.
Group 3. — In two countries, ruled
each by a single city, but con-
tainingother towns, which were
at first important but after-
wards sank to insignificance.
(1) In Argolis, which had a
chief town, and till 468 B.C.
also other towns.
158
TABULAR
[chap. XII.
TABULAR VIEW OF ALL GREEK URBAN BODIES POLITIC, ARRANGED
IN PEDIGREES, AND THEIR GOVERNMENTS. — Continued.
Bodies Politic. Governments.
(a) Before 468 B.C.
A succession of composite urban A king with little power, and
bodies politic, fighting fre- a strong council.
quently on the land.
Rule of the poor, in 370 mur-
derously violent.
(b) After 468 B.C.
A succession of simple urban
communities, never fighting
as principals on the land.
(2) In Attica, which had a chief
city and also other towns.
(a) Till 490 B.C.
A succession of composite bodies At one time mild oligarchia, at
politic, very seldom fighting another mild tyrannis, at
by land and having no alii- others mixed government
ances. consisting of
(1) Yearly magistrates.
(2) A senate (Areopagus) steadily
growing weaker.
(3) Assembly.
(4) Popular law courts.
(b) From 454 B.C. to 431 B.C.
A simple community, partly Mixed government :
urban, partly rural, in receipt Active organ, one man (Perikles).
of tribute, and trying to avoid Passive organ, the poor voters
a war with all the Greeks. in the assembly.
CHAP. XII.]
VIEW
159
TABULAR VIEW OF ALL GREEK URBAN BODIES POLITIC, ARRANGED
IN PEDIGREES, AND THEIR GOVERNMENTS. — Continued.
Bodies Politic.
(c) From 429 B.C. to 413 B.C.
A simple urban community, in
receipt of tribute, fighting
desperately to keep the tribute.
(d) From 413 B.C. to 405 B.C.
A simple urban community with
diminished tribute, fighting
desperately to keep what it
had.
(e) From 405 B.C. to 338 B.C.
Simple urban communities, de-
scended from receivers of
tribute, and degenerating.
Group 4. Isolated pedigree of
bodies politic in Sparta.
(a) Before 431 B.C.
A succession of garrisons of
slave-masters.
Governments.
Class government :
Imprudent rule of the poor.
Class government :
Usually, rule of the poor, more
imprudent than before.
In 411 B.C., rule of a gang of
ruffians, led by an ex-dem-
agogue.
Class government :
Selfish and unpatriotic rule of
the poor.
Government insignificant,
toms rigid.
Cus-
(b) From 405 B.C. to 338 B.C.
Communities either in receipt
of tribute or descended from
receivers of tribute.
Very selfish rule of the rich.
CHAPTER XIII
ITALIAN PEOPLES TO 264 B.C.
Italy, though its surface is very uneven, is not, like Greece,
cut up by mountains into rockbound natural divisions.
Geography Geographically speaking it has, in what is known
of Italy. as the Apennine mountains, a backbone, extend-
ing for the whole length of the peninsula, a distance of seven
hundred miles, from Genoa to the straits of Messina. But
it is only in a geographical sense, or because they divide the
waters that flow into the Adriatic from those that run into
the Tyrrhenian sea, that the Apennines can be regarded as
a backbone or a range of mountains. Nowhere except in a
stretch of fifty miles near the marble quarries of Carrara are
they steep or difficult of transit : elsewhere they are for the
most part only hills with a broad back and nearly flat
on the top. Many passages over them are not more than
two thousand feet above the sea, and are approached on
both sides by easy slopes through valleys which abound in
pasture, and offer almost up to the main watershed comfort-
able sites for villages of herdsmen. Hence it was easy in
ancient times for pastoral peoples to advance gradually
across the smooth tops of the passes. In prehistoric ages
the tribes near the highest ground took advantage of their
opportunities, and before 400 B.C., which is the earliest date
for which we have a knowledge of the distribution of the
soil among the races which inhabited the peninsula, the
Umbrians, the Sabines, and the Samnites had all seated
160
chap, xiil] ITALY 161
themselves astride of the main backbone of the peninsula :
and, more than that, instances in which a political boundary
coincided with the main watershed were either very rare or
entirely absent. From all this we can conclude that the
Apennines were too easily crossed to serve as natural
frontiers for territories. Moreover, as the Apennines are not
in most places a spiny backbone but rather a broad saddle
back, so they do not send out strongly marked ribs, except
from the lands of the Umbrians and the Sabines to the east-
ward. From the Sabine Apennines runs out towards the
Adriatic a ridge, now known as il Gran Sasso d'ltalia, whose
highest points rise to ten thousand feet, far loftier than any
point on the main watershed : and from the Umbrian
Apennines also some lateral ranges of high hills go out
to the east. Elsewhere in Italy the ground slopes easily
from the round back of the Apennines to the sea. On the
eastern side, from a point about fifty miles further down the
peninsula than il Gran Sasso d'ltalia, the broad plain of
Apulia stretches unbroken to the heel of Italy : on the west
a traveller going from the river Arno, on which Florence
stands, to Cumse or Naples, found even in ancient times no
natural impediment to his progress except the Ciminian
Forest in Etruria, and the Volscian mountains between the
plain of Latium and the mouth of the river Liris.
The coast of Italy offers no natural harbours of first rate
excellence except Tarentum, under the heel of the peninsula,
and Misenum near Cumse : the next best natural
Italy could
ports are found about the region of the Arno not tempt its
and the Tiber. Between these rivers the pro- ?nJn^ei
r_ inhabitants
montories of Populonia and Argentario provide to become
fair shelter for vessels: and the channels of the s amen'
rivers themselves also make tolerable natural havens, but
not nearly so good as they would be if the Mediterranean
were a tidal sea and filled them with deep water twice every
h
162 EAKLY INHABITANTS [chai\ xiii.
day. None of the natural harbours of Italy has the
advantage, which in primitive ages is very important,
of looking out on an archipelago of islands : and hence
the most ancient inhabitants of the country had not
that inducement to take to the sea in order to explore
what could not be reached by land, which led the earliest
Greeks to become seamen in order to settle on the islands of
the JEgean Sea. The Phoenician mariners of Tyre and Sidon,
who during the Mykenean age easily found their way to
Greece, had no islands to serve as finger posts guiding them
to Italy. In sailing to the extreme west of the Mediter-
ranean Sea, they no doubt crept cautiously along the coast
of Africa ; and there are no indications tending to show that
they visited Italy, which lay far from their route, or that
the inhabitants of Italy in early prehistoric ages had any
foreign instructors to teach them the art of the mariner.
It is an indisputable fact that at any rate an overwhelm-
ing majority of the peoples who were living in Italy at the
beginning of the ages known to us from records
Early
inhabitants came into the peninsula from the north. Hence
of southern the primeval occupants of the soil must be
sought in the south, to which they were pushed
by new comers from over the Alps. Among the names of
peoples who lived in the south of the peninsula in ages
which were half historical and half prehistoric, those which
are mentioned most frequently by Greek or Roman authors
are Itali, Messapii, Iapyges, and Sallentini. The languages
of the Itali and the Sallentini are totally unknown to us,
and we cannot tell whether they belonged to the Aryan
family of languages. Of the dialect of the Messapii (who
can scarcely be distinguished from the Iapyges) some
fragments have been preserved in which Mommsen detected
analogies with the Greek and Latin inflexions of the
genitive case, and these analogies may probably indicate
chap, xiii.] OF ITALY 163
that the dialect was one of the Aryan varieties of speech.1
Next after these primaeval peoples there came from over the
Alps a second group of tribes, who may be classified under
the names Oscans, Sabellians, Latins, and Umbrians. They
came probably in many successive swarms : from the relative
positions which they occupied in the peninsula we may
conjecture that the Oscan peoples came first, and the
Umbrians last. The Oscans settled in the valley of the
Volturnus, the Latins and Sabellians further north, and the
Umbrians furthest north in that region on the top of the
Apennines about Iguvium (Gubbio) which still bears their
name, in the valleys which from thence run down eastward
into the Adriatic Sea, and in the lands to the west which are
drained by the river Umbro (Ombrone) to the south of the
Arno. The Oscans, the Latins, the Sabellians, and the
Umbrians, as we see from literature and from inscriptions,
all spoke closely allied Aryan languages.
The third group of peoples in Italy were the Tyrrhenians
or Etruscans. They came to the peninsula evidently after
the Umbrians : they overpowered the Umbrians _
* r Etruscans,
in the valley of the Umbro, and made themselves Celts,
masters not only of all the space between the Greeks-
Arno and the Tiber, which was named after them Etruria,
but also of a wide district to the north of the Apennines,
around the city which they called Felsina, and we call
Bologna. Some inscriptions in their language have been
found in Etruria, and a longer writing in the same language
in Lemnos, or one of the neighbouring islands in the northern
part of the iEgean Sea : but all attempts to decipher these
remnants of the Etruscan tongue have hitherto failed, and
all that we know for certain about the place of the Etruscans
among the peoples of the world is that their language was
not Aryan. The last comers who entered the peninsula
1 Mominsen, Unteritalische Dialecte.
164 EARLY INHABITANTS [chap. xtti.
from the north were Celts from Gaul. They occupied
the greater part of the valley of the Po, expelled the
Etruscans from all their settlements on the north of the
Apennines, and drove the Umbrians from the coast of the
Adriatic Sea that lay north eastward of Iguvium, which was
the central point of the Umbrian settlements. On the
southern coasts the Greeks began, perhaps about 800 B.C.,
to establish colonies: the first Greek settlers came from
Kyme in Asia Minor, and their Italian colony was named
Cumse. Before 550 B.C. all the coast from Cumse to
Tarentum was bordered with a fringe of flourishing Greek
commercial cities.
Among all the ancient peoples of Italy those known to us
at the earliest stage of their career are the Latins. We get
our knowledge of them from traditions: but
only those traditions are trustworthy which are
confirmed by the known geography and ethnography of
Latium and the parts around it. The ground occupied by
the Latins lay on the south east side of the river Tiber.
From the coast it extended inland a distance of thirty five
miles to the hills which come down from the central
Apennines on the two sides of the river Anio. Its
greatest width, measured from the river Tiber to Prameste
and Lanuvium, the most distant Latin strongholds from
the river, was twenty miles ; we must, however, imagine
that Praeneste and Lanuvium owned some ground beyond
their actual fortresses on the side remote from the Tiber,
and we may take twenty five miles as the extreme breadth
of the ground occupied by the Latins. On the other hand,
near the coast were no Latin strongholds except Lauren turn
and Lavinium, and in that part the Latin settlements only
extended fifteen miles from the Tiber. Thus the ground
occupied by the Latins at the earliest time to which we can
go back measured thirty five miles from the coast inland,
chap, xiil] OF ITALY 165
and at a liberal estimate had an average width of twenty
five miles from the Tiber towards the south east. Thus the
whole area occupied by the Latins was something less than
nine hundred square miles.
The inhabitants of Latium, who with their neighbours the
Sabines and Rutulians were the parents of the Roman
commonwealth, showed themselves in the ages
j. xic i— 3.tins
known to history to be the best and the strongest an agncui-
of the Italians. Judging merely from their later before they6
pre-eminence we should be inclined to conjecture lived in
fortresses
that when first they came into Italy they were
among the more progressive of the Aryan-speaking im-
migrants into the peninsula, and therefore were accustomed
to practise that system of agriculture which the Italians and
the Greeks had originated in common before they moved
into Italy and the Balkan peninsula. It is, however, for
other reasons quite certain that the Latins in an extremely
remote age were not mere herdsmen but were accustomed
to till the soil and store its produce. For the Latins lived
permanently in their strongholds upon and around the
Alban hills long before Rome was founded. But mere
herdsmen cannot live permanently in a stronghold. They
must be habitually in the open country to get grazing for
their cattle and sheep. The only strongholds that they can
make use of are camps of refuge with some pasture within
them, like the Maiden Castle near Dorchester, or Wandle-
bury near Cambridge, or Ledbury Camp in Herefordshire :
these strongholds of pastoral peoples show clearly that they
were only to be occupied for a few days at the most, because
they are on hill tops and have no supply of spring water
that could long suffice to quench the thirst of the beasts.
The Latins lived throughout the year in their fortresses :
and for generations before they could think of such a life
they must have been accustomed to store the produce of
166 LATINS [chap. Xui.
the land to provide them with sustenance during a
siege.
The lands on which the Latins lived included hills on
either side of the river Anio and the whole isolated volcanic
The Latin mass of the Alban mountains. On these hills
fortresses. an(j ajso on faG }ower ground between them are
many sites admirably suited for making strong fortresses.
The Latins took advantage of their opportunities and built
a large number of towns. Learned Roman writers who
lived in or after the Augustan age record the names of
about fifty Latin towns, but confess that for most of them
they know nothing but the names. Ten Latin fortresses,
whose positions have been identified beyond dispute, were
built on sites of remarkable strength for defence : one more,
Corbio, is known from the stories about it to have stood
near the top of the outer crater of the Alban mountains and
was therefore very difficult of access. The loftier parts of
the old Alban volcano were occupied by Alba, Tusculum,
and Corbio: lower summits on the spurs or slopes of the
mountain gave space for Aricia, Labici, and Lanuvium : the
lower ground near the coast furnished a strong natural site
for Lavinium ; and on the hills on the two sides of the
Anio were built Nomentum, Tibur, Pedum, and Prseneste.1
Every one of these eleven greater towns of Latium was
originally, and probably remained for ages, independent,
since each of them was too strong to be conquered by its
neighbours. But each of them must have possessed for
sustenance land fit for tillage and pasture in the lower
ground of the Campagna: the possessions of the several
towns were not marked off from one another by any natural
frontiers ; hence no doubt the towns contended in arms for
1 For the list and sites of the original strongholds of the Latins, see
Mommsen, Hist., vol. 1, 357, 358 : the articles on the individual towns, by
Sir E. Banbury, in Smith, Diet. Oeogr. : and the map of the environs of
Rome, in Smith, Atlas, plate 19.
chap, xiii.] ROME 167
the settlement of their boundaries, and the Latins got
constant practice and skill in the art of war.
The Latins were surrounded by peoples of different stocks
from their own. To the north were Sabellians, who here
were called Sabines ; to the east and south and Neighbours
west iEquians, Volscians, and Rutulians: the oftheLatms-
further side of the Tiber was occupied by some people alien
to the Latins : we do not know for certain who lived there
in the very early days of the Latins, but it is not improbable
that the inhabitants may have been Umbrians. Although
the Latin towns had fought with one another before they
settled their boundaries, they were better friends with one
another than with any aliens, and accordingly they formed
an alliance or possibly a confederation for defence. When
the Etruscans came down from the north and occupied the
strong fortress of Veil, a few miles north of the Tiber, the
new Etruscan stronghold was formidable not only to the
Latins, but also to the Sabines and the Rutulians. Hence
it came about that Latins, Sabines, and Rutulians were glad
to have as a bulwark against the Etruscans a strong town
held by kinsmen of their own on the river Tiber.
The site of the town which acted as a bulwark for the
Latins, the Sabines, and the Rutulians was a group of seven
low hills adjoining the river Tiber at a point where .
an island in the stream afforded an easy passage nings of
to the other side : on these hills Rome was built Rome-
and grew into a strong fortress. It is probable that the
original garrison of the fortress was not all drawn from one
people, for the numbers that occur in the earliest Roman
institutions, military, political, and religious, are multiples
of three. There were three centuries of cavalry, three
thousands of infantry, thirty curias, six Vestal Virgins,
twelve Salii, afterwards increased to twenty four, twelve
Fratres Arvales, twenty four chapels of the Argei. The
168 EARLY SETTLERS [chap. xiii.
systematic triplication of military and political units and
of priesthoods could not be understood if we supposed that
the original inhabitants of Rome were all of one origin and
kindred: but it is explained by passages in Roman and
Greek authors which tell us that the three centuries of
cavalry were called Titienses, Ramnes, and Luceres, and that
the Titienses were Sabini, and the Luceres received their name
from Ardea, the chief city of the Rutuli, with the additional
statement that the Luceres were a third part of the Roman
people.1 All the problems that arise from the prevalence
of multiples of three in early Roman institutions are solved
if we suppose that the original garrison of Rome consisted
of three contingents, Titienses drawn from the Sabellian
people of the Sabine hills, Ramnes from the Latins, and
Luceres from the Rutuli of Ardea, and that these three
contingents, on forming by their voluntary consent a single
community for the defence of their new abode, divided
public offices and public duties among themselves in equal
shares.
The earliest stronghold at Rome was Roma Quadrata, or
the Mons Palatinus. Around the Palatine Mount the
Fresh community formed of the Titienses, Ramnes,
peoples and Luceres spread till they covered the Septem
original Montes : and over this area the members of the
Romans. three component tribes must have mingled in-
discriminately, since we do not find that any locality was
allotted to any one of them. A little to the north of the
seven Montes two eminences called Colles (the Quirinal
and the Viminal) were occupied by a community distinct
from the community of the seven Montes. In the course of
time the men of the Colles were taken into the community
formed by the men of the Montes, and when they were
1 Titienses, Ramnes, Livy, 1. 13 : Luceres, Festus, apud Paul. Diac. ed.
Miiller, p. 119.
chap, xiii.] IN EOME 169
enrolled among its citizens were artificially divided into
three bodies known as second Titienses, second Rainnes,
second Luceres. Hence it is that Festus states that the
body of Roman citizens consisted of six parts, the first and
second Titienses, the first and second Ramnes, and the first
and second Luceres.1 The men comprised in these six parts
were the Roman body of burgesses j they called themselves
Patres, Fathers of Roman Households, or Patricii, the sons
of the Fathers. But these burgesses did not continue, even
to the end of the age that is entirely prehistoric, to be
the only inhabitants of Rome. They conquered Csenina,
Crustumeria, Antemnae, Politorium, Tellense, Ficana,
Medullia, Apiolse, all of them Latin towns within ten or
fifteen miles of Rome ; after taking one of these towns they
usually razed its walls to prevent it from being reoccupied
by enemies, and either transported the inhabitants to Rome
or left them as peasants on their own old territory, free
from personal servitude but in strict subjection to their
Roman rulers.2 Besides this, it cannot be doubted that men
from outside the Roman territory came voluntarily to settle
in or near Rome, in search of profit, employment, or pro-
tection, just as in the early Middle Ages men gathered under
the walls of a castle or a monastery. The inhabitants of the
conquered towns and the voluntary new comers were all
outside the body of burgesses, and were known collectively
as the Plebs or Multitude.
The component parts of the government of Rome in its
beginning were a king, a senate of elders, and the Patres
arranged for the purpose of voting in thirty Curiae. The
earliest kings were no doubt native Romans : the garrison of
Rome from its first settlement on the Palatine must have
1 FeBtus, ed. Miiller, p. 344. On the Montes and the Colles see
Mommsen, Hist., 1. 50-58.
aLivy, 1. 9-11, 33, 35.
170 KINGS IN ROME [chap. xiii.
needed a military commander, and the military commander
was sure to be converted into a king. The names, however,
of the native kings of Rome were not known to
government the makers of legends, and instead of real native
kings they give us imaginary personifications
of virtues under the names of Romulus, Numa, Hostilius,
and Martius. The kings of Rome whose names were
remembered were first Tarquinius Priscus, then Servius
Tullius, and last Tarquinius Superbus. Tarquinius Priscus
came to Rome from the Etruscan city of Tarquinii. The
Roman narrators of legends say that, though he came
from Tarquinii, he was in truth a Corinthian who had
settled there. Tarquinius Superbus, however, whom they
represent as son of Tarquinius Priscus, took refuge accord-
ing to their story at Tarquinii after he had been expelled
from Rome, and was able to induce the Etruscan cities of
Tarquinii, Veii, and Clusium to give him aid towards his
restoration by the plea that he was himself an Etruscan.1
The forcible intervention of these cities on his behalf clearly
indicates that they regarded him as their kinsman, and that
he was in truth an Etruscan; hence it follows that his
father or grandfather, Tarquinius Priscus, was Etruscan
also. Servius Tullius, whose reign came between those of
Tarquinius Priscus and Tarquinius Superbus, is represented
as having attained the kingly dignity because he had
married a daughter of Tarquinius Priscus : his name is
neither Etruscan nor Roman, but betrays his Latin or
servile origin. Thus none of the kings of Rome whose
names have been preserved belonged to the Patricii or
original Roman burgesses.
The land of the Etruscans whence the family of the
Tarquins came to Rome bore some general resemblance to
Latium, but lay at a higher general altitude, was somewhat
1 Livy, 2. 6 and 9.
chap, xiii.] THE ETRUSCANS 171
less fertile and very much larger. The Latins occupied
only nine hundred square miles: the Etruscans had in
Etruria alone, that is, in the land between the
Arno and the Tiber, fifteen thousand. Etruria,
like Latium, presented many eminences or escarped ridges
suitable for fortification : hence the Etruscans built them-
selves strongholds, and each of their fortresses was inde-
pendent, because it was too strong to be conquered. But
the natural sites for fortified towns were not so near together
as they were in Latium: hence the Etruscan towns had
more elbow-room than the Latin towns, and it cannot be
doubted that among the fourteen or fifteen towns in Etruria
there were some that owned a territory as large as the
whole of Latium and Rome. As the Etruscan towns were
large and populous, they feared no aggression from outside
of Etruria, and had no occasion to act together as allies or
to form a confederation, but regarded each other as rivals
rather than as friends. In the course of the century from
600 B.C. to 500 B.C. the great power attained by some of the
Etruscan towns was proved by the accession of Tarquinius
Priscus as king of Rome, and by the appearance, about
538 B.C., of Etruscans as possessors of a navy.
How it came about that some of the Etruscan towns
could equip a fleet we do not know from records, but may
imagine from combining some well known facts.
Almost as soon as the Etruscans made their power of the
settlements in the southern part of Etruria they ruscans-
must have known the art of building boats. They would be
likely to discover it for themselves: but, if they did not,
they could not fail to learn it from their neighbours, the
Latins, who, as we have already noticed, brought a knowledge
of it into Italy when they migrated from the common abode
of the Aryan peoples.1 The Greek names of Pyrgi and
1 See p. 5, p. 11.
172 THEORY HELD BY [chap. xiii.
Telamon, on the coast of Etruria, and of iEthalia, now Elba,
indicate that Greeks must have visited the Etruscan Sea at
a time when some positions on the mainland, and the most
important of the islands near it, had not yet any names in
the Etruscan language that were generally current, and
therefore before the Etruscans became a seafaring people.
The nearest Greeks to Etruria were those settled at Cumae
and further south on the western shore of Italy, and hence it
is likely that these were the first Greeks who frequented the
Etruscan Sea. As soon as Greeks came to Etruria, the
Etruscans could learn from them the art of building and
managing ships. From about 600 B.C. the Carthaginians
were powerful both on land and sea: and about 538 B.C.
some of the Etruscan towns sent out a squadron of sixty
ships to co-operate with a Carthaginian squadron of equal
number in attacking a colony of Phokaeans from Asia Minor,
who had settled at Alalia on the east coast of Corsica and
annoyed all their neighbours by piratical expeditions.1
The Roman antiquarians of the age of Cicero had a
definite theory about the constitution of Rome under the
Theory held kings. They believed that they knew that a
by Roman king had almost unrestrained power as long as
about the • ne lived, but that on the death of a king elaborate
constitution machinery was set in action by the senate for
under the determining with the aid of the thirty Curiae of
kings. Patres who should be his successor. Their theory
must have been constructed by inference from the procedure
that was usual in the first two or three centuries of the
Roman Republic : for it cannot be supposed that they had
any trustworthy records of what was done in the age of the
kings. Their theory was generally accepted by the Romans ;
and when Livy and Dionysius, about forty or fifty years
after the time of Cicero, presented legends about Rome
1 Herodotus, 1. 163-167.
chap, xiii.] ROMAN ANTIQUARIANS 173
under the kings in a literary form, they assumed the
accepted theory to be correct, and it serves as a background
for their narratives.
But it is to be observed that their narratives make out
that, in so far as concerns the respective powers of King,
Senate, and Curias, the constitution was the same
A WC3.K
under the native kings Numa, Hostilius, and point in their
Ancus Martius, as under Tarquinius Priscus and eory'
Servius Tullius. It was easy for the narrators to believe
that no change in the constitution was introduced at the
accession of Tarquinius Priscus, because the Roman tradition
gave out that Tarquinius was a Corinthian who had long
been domiciled at Rome, and that the Romans chose him as
their king of their own free will, simply because he was the
man most worthy to reign. But the story that the Romans
chose Tarquinius to be king simply because he was the
worthiest seems grossly improbable. It is not for such
reasons that peoples choose foreigners to reign over them,
and we must suppose that the Romans took Tarquinius as
their king under some stress of circumstances. It might be
that the Romans were vanquished by a prince of the town
of Tarquinii, and accepted him as a conqueror to rule over
them: or it might be that they were in danger of being
overpowered by the men of Veii or some other neighbouring
people, and therefore purchased the aid of Tarquinii by
accepting a Tarquinian as their king. But whether the
king from Tarquinii came as a conqueror or as a champion,
his coming would be likely to alter the constitution from
what it had been. Hence it is likely that there was one
constitution of Rome under some native kings of whom we
know nothing except that their names were not Romulus,
Numa, Hostilius, and Martius, and another under Tarquinius
Priscus and Servius Tullius : and it may perhaps be not
worth while to pay much attention to the theory of the
174 THE SERVIAN [chap, xiii
Roman antiquarians about the constitution of Rome under
the kings, which must have been derived by inference from
the constitution of the Roman republic.
The earliest change in the Roman institutions of which
we have any knowledge is the reform of the army which
was attributed to Servius Tullius. Both Livy
reform of the an(^ Dionysius give us descriptions of this reform
Roman an(j 0f tne army which resulted from it ; but it
army.
is probable that they derived their descriptions
from a document drawn up not earlier than 269 B.C. (more
than two and a half centuries after the Servian reform was
carried out), which described the organisation of the Roman
people for military purposes as it stood when the document
was drawn up, and not as it stood immediately after the
Servian reform. Hence in reading their descriptions of the
Servian reform we may reject those details which may
probably belong to a later age. Some parts, however, of
their descriptions are corroborated by historical facts which
occurred long before 269 B.C.: these we must accept, and
they are amply sufficient to show the importance of the
Servian reform.1
From the position of Rome and its surroundings it is
clear that the town from its first foundation, or from the
Servian time when the Etruscans became formidable,
army. must have had a strong and active military force.
Long before the Servian reform both patricians and
plebeians must have served as soldiers; long before that
reform the patricians filled six centuries or squadrons of
cavalry, and perhaps the wealthier plebeians were also
horsemen : the mass of the able bodied men served on foot
1 Livy, 1. 43 ; Dionysius, 4. 16. Professor Botsford, The Roman Assemblies,
p. 67, n. 4, and p. 87, gives reasons for believing that Livy and Dionysius
copied from a document which described the military organisation of about
269 B.C.
chap, xiii.] AEMY 175
in phalanxes of infantry. Thus before the Servian reform
was made both king and people well knew by experience
what was needed in military organisation. The Servian
reform consisted in the making of new rules which ensured
that every patrician and every plebeian should know his
place in the army, and the duties incumbent on him in
regard to service and equipment.
When those rules had been made and enforced the
wealthiest Eomans still continued to form a certain number,
probably an increased number, of squadrons of cavalry : the
rest of the able bodied men still served in phalanxes of
infantry, and they also were divided into small companies
called centuries. In a Roman phalanx the men stood seven
ranks deep. It was essential to the efficiency of a phalanx
that the best armed and strongest men should stand in the
ranks nearest to the front : and therefore the Servian rules
prescribed that the first four ranks should be filled with the
centuries of those men who were enabled by the amount of
their possessions to keep themselves well fed and fully
armed. The centuries in the first four ranks were called
sometimes the classis or summoning, sometimes the first
classis. The fifth rank was filled with centuries composed
of men somewhat poorer than those in the first four ranks
and therefore less completely equipped : these centuries
were the second classis. The sixth and seventh ranks were
manned from the third and fourth classes, who were poorer
and worse armed than the classes in front of them. And
so the phalanx was complete. In addition to the four
classes in the phalanx there was a fifth class composed of
very poor men who served outside the phalanx as slingers
or skirmishers.
In order to place the men in their proper classes it was
necessary to estimate their property. The estimation, in
which probably account was originally taken only of
176 TARQUINIUS [chap. xiii.
property in land, was called census: and when the census
had been taken every man who owned any land, whether he
Servian was patrician or plebeian, was duly placed in his
census. class and in his century and knew the nature and
extent of his military obligations. The general effect of the
Servian reform was to arrange the fighting men of Rome in
classes according to gradations of military efficiency and
incidentally in gradations according to wealth. In order to
facilitate the making of the census or register of soldiers
the landowners were divided into tribes according to the
local position of their plots of ground : but it is not certain
whether the tribes made for this purpose included only
owners of land within the town of Rome or all owners in
town and country alike. In close connection with the
Servian reform of the army occurred the building of the
walls of Rome which enclosed both the montes and the
colles in an encircling fortification.
The territory and power of Tarquinius Superbus can be
roughly estimated. From stories told of the next age after
Tarquinius Him we may infer that the north western bank
Superbus. 0f j^q Tiber, from a point a little above Rome,
had for very long been in the undisturbed possession of the
Etruscan city of Veii : thus in this region the limit of the
Roman territory was the river. Between Rome and the sea
it is probable that the strip of ground on the north western
bank belonged to the Romans, and gave them command of
the channel. On the south eastern side of the Tiber the
legends tell us that Sextus Tarquinius took Gabii by
treachery, and that King Tarquin summoned the Latins to
meet him at the grove of Ferentina : l hence Gabii and the
grove of Ferentina lay on the frontiers of the Roman lands.
From these indications we may believe that the Roman
territory reached inland for about twenty miles from the
1 Livy, 1. 50-60.
chap, xiii.] DEPOSED 177
sea on the south side of the Tiber and its tributary the
Anio, and was about twelve miles broad in its widest part :
its area then was about a hundred and ninety square miles.
Outside his own territory Tarquin had powerful supporters :
the princes of some of the Etruscan cities were his friends,
and over the Latin towns, who had now formed themselves
into some sort of federation, he had a hegemony or suzerainty
which empowered him to dictate their foreign policy and
make use of their armies.1 At home Tarquin was an
oppressor: when the indignation of the Romans was hot
against him and his son Sextus, the army made by Servius
Tullius got its opportunity of settling what should be done.
It met as a political assembly, deposed Tarquin, and, voting
by centuries, elected two men to be its magistrates for one
year. The title prcetores (prse-itores) borne by the new
magistrates indicates that their chief duty was to lead the
Roman armies in war.
Livy tells us that the new magistrates possessed from the
first all the power that had belonged to the kings, subject
only to the limitations (1) that they bore office . .
for one year only, (2) that they were two, and powers
neither could enforce a command if the other magistrates
protested against it, and (3) that there was a badly
rule which enabled a citizen to appeal from the
sentence of a magistrate to the mercy of the people
assembled in centuries.2 How he could know that the
Romans, on first instituting their yearly magistrates, made
these elaborate rules in regard to their powers does not
appear. The narrative of the expulsion of Tarquin and the
establishment of yearly magistrates was put into writing
for the first time by Fabius Pictor, shortly after 200 B.C.,
1 Livy, 1. 50-52 ; Dionysius, 4. 43-48, especially 4. 48. 1. rvx&v 5£ rrjs
Aartvap rjyefiovias 6 TapKtivios.
" Livy, 2. 1, and ibid., 2. 18. 2 and 2. 8. 2.
M
178 MAGISTRATES [chap. xiii.
more than three centuries after the events which it records :
Livy himself says that for these occurrences Fabius Pictor
was scriptorum antiquissimus.1 In the absence of early
written records we may consider what is probable rather
than what Livy records, and may believe that in the hurry
of the deposition of Tarquin the Eoman people had no
opportunity for doing more than electing two magistrates
to lead them in war for a year, and that they left it to
circumstances to determine the powers of their magistrates.
Circumstances were such as tended to give high authority
to military commanders. Tarquin, after his expulsion from
Kome, was still strong in his connections with
years the ^he Etruscans and the Latins. At his bidding
powers the Etruscans under Porsena of Clusium attacked
of the . ....
magistrates the Romans for the purpose of restoring him : it
were cer- may De tkat ^qj captured Rome, but they did
not restore the tyrant. Again at Tarquin's bidding
Mamilius of Tusculum, who had married Tarquin's daughter,
led the Latins into a war against the Romans, which the
makers of legends adorned with the story of the battle of
the Lake Regillus. In these early wars of the Roman Republic
the leaders of the Romans were their elected magistrates :
under their leadership the Roman state emerged from the
wars independent. At the end of the wars the magistrates
certainly enjoyed a high degree of authority over all the
citizens: but whether they were powerful simply because
they had served the state well, or, as Livy says, because
they succeeded to nearly the same functions as the kings
of Rome had performed, is a question which I prefer to
leave undecided.
The magistrates were in all cases patricians: it is not
improbable that the patricians, who had most of the wealth
in Rome, may have controlled a majority of the centuries,
1 Livy, 1. 44.
chap, xiil] SECESSION OF THE PLEBS 179
and thus got members of their own order elected simply
by counting of votes. The actions of the magistrates were
supported by the authority of the patricians Supremacy
in the Senate, and thus after the independence of the
of Rome had been asserted against Porsena pa ncian
and against the Latins, the Romans were governed ex-
clusively by the patrician order.
The government of Rome immediately after the ex-
pulsion of Tarquin was, in the fact that it was carried on by
two magistrates elected yearly, of a type that G nm nt
occurred in the Latin towns generally. In of the
most Latin towns the rulers were two prsetors :
at Lanuvium, Nomentum, and Aricia the magistrate was a
single dictator.1 All these magistrates were elective, and
therefore in each Latin town the burgesses must have had
the political privilege of choosing their rulers. In other
respects the governments of the Latin towns differed
from the government of Rome. I do not know that
any of the old Latin towns had a senate : and all the
work of settling the foreign policy of the Latins must
have been done, not in the several towns, but in some
central organ of government controlling the whole con-
federation.
During the years in which the Romans had to defend
themselves against the attacks of Tarquin and his friends
Porsena and Mamilius, the patrician magistrates
treated the plebeians with consideration and 0f the Piebs
mercy, because they needed their zealous service to the
, . , - Mons Sacer.
m the army : in particular, during those years of
danger common to all, the laws in regard to debt, which
were as cruel as the laws of Attica had been before the
reforms of Solon, were not enforced against the poor
plebeians. But upon the death of Tarquin, which occurred
1 Mommsen, Hist., vol. 1, p. 352 note.
180 RETURN OF THE PLEBS [chap. xiii.
at Cumse fifteen years after his deposition, the laws were
allowed to take their course. It may be that only few
Romans were actually reduced to servitude : but, as soon
as it was seen that the law about debt was enforced in some
cases, servitude was the lot that awaited all who could not
pay what they owed. A great part of the plebeian order,
rich and poor alike, promptly resolved that, rather than
permit such a fate to befall their poorer members, they
would separate themselves from the Roman state : and only
two years after the death of Tarquin a Roman army, when
ordered to march out on pretext of a war against the
JSquians, disobeyed the command, seceded to the Mons
Sacer, three miles from Rome, and there established itself
in a fortified camp as a separate community to which all
plebeians might join themselves.1
The division of the Romans into two communities with
separate places of habitation obviously could not last long.
Return of Both the Patres and the Plebs had recently
the Plebs. suffered together from attacks made by the
Etruscans and the Latins : they might again be subject to
attacks from the same peoples or from others. If war came
while the two communities were separate, the Patres
would lack the plebeian soldiers, the Plebs would be
without skilled leaders and could not take refuge behind
the walls of Rome. The Plebs agreed to come back under
the existing government of Rome when the Patres had
conceded that the Plebs should have magistrates of its own,
endowed with the right to protect citizens against the
consuls, and that no patrician should be eligible as one
of these magistrates.2 The new magistrates were entitled
Tribuni Plebis, and described as being sacroaancti. From
the explanation given by Festus it appears that they were
called sacrosancti because the Plebs made a solemn vow
1 Livy, 2. 32. 2 Ibid., I. 33.
chap, xni.] ALLIANCE WITH THE LATINS 181
to take vengeance on any one who molested them in the
performance of their functions.1
Henceforth there existed at Rome a state within the
state. The whole community composed of both Patres and
Plebei was the populus Romanus : within it was
the Plebs Romana. Populus and Plebs had each was a state
a government of its own, so that each can be Wlthinthe
5 state.
called a state. Moreover, the two governments
were co-ordinate : the government of the Plebs was not sub-
ordinate, because the Patricians could not even attempt to
diminish its powers without exposing themselves to the con-
sequences of the vow of vengeance which the plebeians had
taken against any one who impeded their magistrates.
The government of the Populus belonged to the patrician
magistrates elected by the centuries: the government of
the Plebs was vested in the Tribuni Plebis. In the first
instance the Plebs chose only two Tribunes, who sub-
sequently chose three more as their colleagues: for forty
or fifty years afterwards five Tribunes, and perhaps some-
times ten, were elected every year.
In the short time for which the Plebs was absent on the
Mons Sacer one of the patrician magistrates in Rome,
named Spurius Cassius, took one of the most Alliance of
important steps that was made in the whole Rome with
-r» • 1 if *ne Latin
course of Roman history by concluding an League and
alliance between Rome and the confederation the Hernici-
of the Latin cities: seven years later the alliance was joined
by the Hernici, a people somewhat like the Latins but
smaller, who lived in the upper valley of the river Trerus, a
tributary of the Liris. The Latins and the Hernici were
exposed to attack from two peoples of highlanders, the
jEqui on their northern side and the Volsci to the south
east. The Romans were for the time almost sheltered from
1 Festus, p. 318.
182 DISCORD [chap. xiii.
inroads of the iEqui and the Volsci by the presence of the
Latins and the Hernici : but they knew that if the Latins
and the Hernici were overwhelmed, their own turn would
come next. Hence they prudently resolved and promised
that they would give aid to the Latins and the Hernici : and
for nearly a hundred years they performed their promise
with magnificent fidelity. Almost every summer for seventy
years after the triple alliance was concluded, Roman armies
were led into the field for the immediate purpose of
protecting the Latins and the Hernici and for the ulterior
object of guarding the future security of Rome. While
fighting almost every year for two generations against the
iEqui and the Volsci, the Latins and the Hernici learned to
regard the Roman soldiers as brothers in arms, and to
obey the Roman generals willingly because they trusted
them.
After the Plebs returned from the Mons Sacer to Rome
the Romans were ruled by two co-ordinate and independent
governments of about equal strength. One was
contests the government of the Populus vested in the
between e ^ patrician military commanders elected by
patrician and r J J
the plebeian the centuries : the other was the government of
the Plebs entrusted to the civilian Tribunes, who
were always plebeians. The respective powers of the two
governments were at the first extremely ill defined : hence
for forty or fifty years the two governments came constantly
into sharp conflicts, which had to be settled not by law,
since there was no law governing their respective powers,
but according to the general opinion of the community as
to what was needed for its welfare. The result of these
conflicts was determined usually by the need which the
Romans felt of success in their wars against the Volsci
and the ^Equi. This need was felt more strongly by
the patrician military commanders and the patrician
chap, xiii.] DECEMVIRI 183
senate, both of whom understood the supreme importance
of fulfilling their engagements with their allies, than by
the civilian Tribunes, who cared mainly for the interests
of the plebeians at home. The patricians knew that they
must have strong armies who fought well. But if they
offended the plebeians or the plebeian Tribunes, they
found that they had no army, or only an army which
would not fight. Hence they were compelled to make
some concessions: but concessions which did not satisfy
the Tribunes only made them more resolute in asserting
their powers.
The strife between the orders became intolerable, because
it impeded the success of the Roman armies: and at last
the patricians assented to the wish of the
plebeians that for a year there should be no
more elections of the ordinary patrician military com-
manders or of plebeian Tribunes, but that in their stead
ten commissioners, Decemviri, should be elected for that
year with power to reform the laws and make a new
constitution. The election of the Decemvirs was in
itself a revolution, because there was to be no appeal
to the people from their judicial decisions. The Decemvirs
governed for their year with justice, brought out ten
tables of laws which the people accepted gladly, and amid
the great popularity they had won they persuaded the
people to elect a second body of Decemvirs to complete
their work. These second Decemvirs governed like tyrants
for their year of office, and when it expired, knowing that
if they became private citizens they would be punished,
tried to retain their absolute power by force. One of
them, Appius Claudius, attempted to employ his usurped
authority for the gratification of his lusts. A tumult
ensued, and a mutiny of an army and a new secession
of the Plebs to the Mons Sacer. In order to induce
184 PERIODS [chap. xiii.
the Plebs to return to Rome the Patricians found it
necessary to insist that the Decemvirs should lay down
their usurped authority and to agree that the two govern-
ments of the Populus and the Plebs should be restored,
that the number of the Tribunes should be raised to ten,
and that the inviolable sanctity of their persons which had
hitherto been gained for them only by the row of the Plebs
to avenge any violence done to them, should be from that
time assured by legal enactment.1 The two co-ordinate
governments of Rome were therefore to continue their
perpetual duel with improved chances for the champions
of the plebeians.
From the time of the Decemvirate we possess a history of
Rome in the sense that we know not only the general course
of Roman foreign policy, but also the chief
Roman features of the Roman constitution : for the
first century, however, after the deposition of
the Decemvirs dates are known only approximately, and for
nearly two centuries many of the stories recorded about
individual Romans are probably inventions. The whole
history of Rome divides itself into three great periods,
which may be characterised as follows : First, till 264 B.C.,
Rome as an Italian power ; Second, from 264 B.C. to 46 B.C.,
Rome as possessor of large dependencies across the sea,
whose government the Romans neglected; Third, from
46 B.C. to 476 A.D., Rome and its provinces gradually
consolidated into an Empire under one government. The
present chapter deals with the first of these periods, in
which Rome was only an Italian power. That period
divides itself into two sections : (1) till the conquest of the
Latins by the Romans in 338 B.C.; (2) from 338 B.C. to
264 B.C. the conquest of Italy.
1 Livy, 3. 44-55.
chap, xiit.] POPULUS AND PLEBS 185
(1) ROME TO THE CONQUEST OF THE LATINS
A convenient point of time for viewing the Roman
constitution occurs about twenty years after the deposition
of the second Decemvirs. Under that constitu-
-r, , nil Constitution
tion Kome was, as we have seen, controlled by ofRome
two co-ordinate and separate governments : one after the
L ° t Decemvirate.
was the government of the populus, managing
those affairs which affected the welfare of the whole com-
munity : the other was the government of the plebs, attend-
ing to the interests of the plebeian order. In the government
of the populus the chief organs were (1) magistrates called
curule, from the sella curulis, or chair of state in which they
sat, (2) the senate, (3) the assemblies of the centuries. The
government of the plebs was vested in (1) plebeian magis-
trates and (2) a plebeian assembly.
In the government of the populus the magistrates were
these. Firstly, there were at all times the two military
commanders elected by the centuries to bear Government
office for a year, who had originally been called of the
prcetores or leaders in war, but who were now (i) Magis-
generally known as consules or colleagues. In trates-
times of danger there was also a dictator holding office
simultaneously with the consuls, but with superior power :
the dictator was not elected, but was nominated by one of
the consuls to hold command for six months. Once
in every few years two censors were elected for the
purpose of making a new register of the citizens. The
consuls and the dictator had the imperium, or right to
give commands of all sorts. The dictator must be obeyed
in all cases and everywhere: the consuls must be obeyed
in every respect when they were in military command out-
side the city and its precinct : but when they were within
the city walls, or within a precinct which extended for a
186 GOVERNMENT OF THE [chap. xiii.
mile from the walls, any of their commands could be
deprived of coercive force by the intervention of any
one of the tribunes. The censors did not in practice issue
any commands except those that were necessary for making
the register of citizens : but their decisions in regard to the
amount of the man's property and his public obligations
were final and could not be questioned.
The Senate derived its position and functions in unbroken
descent from the times of the kings. It was a body of
(2) The counsellors whose business was to give advice
Senate. when it was asked to do so by the chief executive
ruler of the state. Its members held their position as
counsellors for life: at first they were nominated by the
king and afterwards by the prcetores : whether at the time
of our survey they were selected by the consuls or by the
censors is not quite certain : but the evidence inclines me
to think they were chosen by the consuls. The senate
could be summoned to meet by a consul or a dictator : but
when it had met it had no right to offer advice except on
those matters on which the magistrate who convoked it
had asked its opinion, and when its opinion had been given
the magistrate was free to follow the advice or disregard it
as he chose.
The gathering of the centuries was the only assembly in
which all the citizens came together for any public business.
(3) -pjjg At the time of my survey, about twenty years
assembly of after the decemvirate, the number of the
(i) Composi- centuries is not known with complete certainty :
tion- it may have been already fixed at a hundred and
ninety three, the number at which it stood from about
268 B.C. till the end of the republican government of Rome,
or it may have been smaller. By 365 B.C., about eighty five
years after the decemvirate, it cannot be doubted that a
hundred and ninety three was the settled and invariable
chap, xiii.] POPULUS 187
number. Our earliest description of the centuries and
classes dates from about 268 B.C. or possibly a little later :
it gives the number as a hundred and ninety three, and
therefore about 268 B.C. a hundred and ninety three was
the number. But in the description the numbers of
centuries of infantry in all the classes down to the fourth
inclusive are settled by the numbers of men required to fill
the ranks in the phalanxes: therefore the numbers were
fixed at a time when the Roman army fought in phalanxes.
But we know for certain that by 340 B.C. the use of the
phalanx had been entirely abandoned : x and there is good
reason to believe that its abandonment and the substitution
for it of a more effective order of battle was due to the
genius of the great general, M. Furius Camillus. But by
365 B.C. Camillus was already dead, and if at his death the
phalanx was a thing of the past, the numbers of the
centuries must have been fixed before he died. Thus
365 B.C. is the latest date to which we can probably assign
the fixing of the number at a hundred and ninety three :
from many circumstances in Roman history it seems likely
that that number may have been adopted at least as early
as 405 B.C., when the Romans began their siege of Veii.
When the number had been fixed there were eighteen
centuries of cavalry, and the first class of infantry contained
eighty centuries, who filled the first four ranks of four
phalanxes : the second, third, and fourth -had twenty
centuries apiece to make up the remaining three ranks.
The fifth class had thirty centuries of men armed with darts
and slings who skirmished outside the phalanxes: there
were also two centuries of artificers and two of musicians
and one century comprising probably some thousands of
citizens whose poverty exempted them from any compulsory
service in the army.
1 Livy, 8. 8.
188 CENTUEIES [chap. xiii.
The work of the assembly of centuries consisted in the
election of consuls and censors, the passing of new laws, and
, , « ... occasionally the decision of a question of peace or
(3) Assembly * ....
of centuries, war : but as there was not much activity in legis-
(2) unc ions, ^j^ ancj questions of peace and war were
usually settled by the obvious necessity of defence against
aggressive enemies, the assembly was mainly an elective
body. After the number of centuries was raised to a
hundred and ninety three, the cavalry had eighteen votes
and the first class of infantry had eighty out of a total of a
hundred and ninety three. Before the number of centuries
was raised to a hundred and ninety three, it is probable
that there were only two phalanxes, and every class of
infantry had only half as many centuries as it had under
the later arrangement : thus under the earlier arrangement
we may suppose that the cavalry and the first class taken
together had fifty eight votes out of a total of about a
hundred and eight. It follows that both under the earlier
arrangement and the later the rich men in the cavalry and
the well-to-do yeomen of the first class had between them
more than half the total votes, and therefore the rich class
and the class that was raised far above poverty, though they
numbered much less than half of the citizens, settled the
result of elections. The assembly then of the centuries was
well adapted to give expression to the wishes of the most
independent and intelligent classes of the citizens: but in
elections it was subject to severe restraint exercised by its
presiding officer, who was always a consul or a dictator. It
may be suspected that the plebeian order controlled more
than half the votes in the assembly, since most of the men
in the first four ranks of the phalanx were probably
plebeians, and it is certain that none but plebeians served in
the rear ranks or among the skirmishers. Hence we may
conjecture that the assembly might sometimes wish to elect
chap, xin.] GOVEKNMENT OF THE PLEBS 189
a plebeian consul, and so to end the strife between the two
orders. No such wish, however, could take effect : the
presiding officer had the duty of handing on the imperium
which he possessed to his successor: and, if the assembly
chose a successor whom he deemed to be disqualified, he
could refuse to give him the imperium, or to constitute him
as consul. The existing consuls and dictators, who had
the sole right of presiding in centuriate assemblies, were
patricians, and they steadily rejected the idea of conveying
the imperium to a plebeian, and therefore refused to accept
the vote of any century for any but a patrician.1
In the government of the Plebs the magistrates were the
Tribunes and the iEdiles : the Tribunes alone possessed
great political power. During the long wars
against the Volsci and the iEqui, they had been 0f the Plebs:
able to influence the plebeians to serve or not to W Ma&is-
trates.
serve, to fight well or ill : and in consequence the
importance of their office had grown. After the Decemvirate
not only was the inviolability of every tribune's person secured
by law, but it was recognised that within the walls of Rome
and its precinct, a mile broad outside, a tribune could forbid
a consul to issue any particular order, and, if he had issued
it, could deprive it of legal force. The power of interven-
tion, which was called intercessio, enabled the tribunes to
protect citizens from unjust sentences of consuls, and even
to prevent a consul from levying an army. The Roman
army was not permanent, but dispersed every year in the
autumn : when a new army was required the enrolment
took place on the Capitol, within the one mile precinct,
and therefore the tribunes could, if they chose, put a stop
to it. The tribunes had also the power of calling gatherings
of the plebeians, called concilia plebis, and proposing resolu-
tions for their acceptance. The work of the tribunes,
1 Livy, 3. 21. 8.
190 GOVERNMENT OF [chap. xiii.
except when they proposed a resolution to a concilium plebis,
consisted rather in prohibiting than in taking the initiative.
The only purely plebeian assembly was the concilium
plebis. Ever since the first secession to the Mons Sacer the
. plebs had been wont to hold meetings for
assembly: elections of tribunes and for other purposes,
concilium -por aD0Ut twenty years after that first secession
plebis. Its J J
original the meetings were attended by all plebeians,
we ness. including both plebeian landowners who were
independent, and by clients of the patricians who were
dependent on their patrician patrons and could be influenced
by them: and all who attended the meetings could give
votes. At the end of the twenty years it was found that
the votes of the clients enabled the patricians to interfere
effectively in the elections of tribunes and to get men
chosen who were subservient to the patricians.1 Hence
the more independent of the plebeians wished to deprive
the clients of their votes, and they were able to attain
their desire by means of the lists of tribesmen prepared in
the census.
By this time all the freehold land held by Romans both
within the town walls and in the rural territory had been
strengthened divided into tribes, and lists had at the census
by the law of been prepared of all the freeholds and of their
owners: no man was a tribesman unless his
name appeared in the lists of freeholders. By the Publilian
law of Volero, passed about twenty years after the first
secession to the Mons Sacer, it was enacted that elections of
tribunes should be conducted by the tribes in which none
but landowners were included : every plebeian tribesman
was to have a vote which helped to settle how his tribe
should vote, and in the election every tribe had one
1 Livy, 2. 56. 3, says the patricians had 'potestatem per clientium suffragia
creandi quos vellent tribunos.'
chap, xiii.] THE PLEBS 191
vote.1 At the time of my survey, twenty years after the
Decern virate, the Publilian law of Volero governed the pro-
ceedings in all meetings of the concilium plebis: only
tribesmen had votes in their tribes and one vote was
recorded by every tribe.
A concilium plebis was summoned by a tribune, who when
it met was its president : its business consisted sometimes in
electing tribunes and sediles, sometimes in voting Business of
on proposals made by the presiding tribune. A the concilium
proposal of a resolution when made by the pre- p e
siding officer was called rogatio : if it was accepted by the
votes of the tribes in the concilium plebis it became a
plebiscitum, or resolution of the plebs. There is no doubt
that every plebiscitum was binding on all plebeians: in
regard to the question whether it was binding on patricians
also, we get nothing but an inaccurate and misleading
statement from Livy, who tells us that immediately after
the deposition of the second Decemvirs the consuls Valerius
and Horatius had passed a law in the comitia centuriata
to the effect that all plebiscita should be binding on the
populus, and therefore on patricians and plebeians alike.2
His assertion is undoubtedly in some way incorrect, because
some sixty years after the time of our survey the patricians
were able for several years to prevent the famous "Licinian
Rogations, after they had been converted into plebiscita,
1 Livy in describing the Publilian law of Volero (2. 56-60) needlessly
perplexes his readers by saying that it enacted that tribunes should be
elected in the comitia tributa. The comitia tributa, properly so called, was
an assembly in which all landowners, patrician and plebeian alike, took part
in the voting. But Livy did not in the least mean to say that patricians
were to take part in the elections of tribunes : he shows thia quite clearly
by the words summoveri prozterquam qui suffragium ineant (2. 56. 11), and
(2. 60. 5), summovendis patribus. When he speaks of comitia tributa he
means an assembly of plebeian tribesmen voting by tribes. If he had written
accurately he would have said in 2. 56. 3, ut plebeii magistrate tributim in
concilio plebis fierent.
2 Livy, 3. 55. 3, ' ut, quod tributim plebes jussisset, populum teneret.'
192 AIMS OF THE PLEBEIANS [chap. xiii.
from obtaining the force of law. At the time then of our
survey plebiscita were not binding on the patricians till they
had in some way or other received a confirmation from the
government of the populus, or of the whole Roman
community.
Under the constitution as it stood twenty years after the
Decemvirate the patricians alone could get access to a
The curule magistracy, and therefore none but a
condition patrician could be commander of an army, and
of the the patricians had the entire management of
Plebeians. foreign policy : the plebeians furnished probably
almost all the infantry and some small part of the cavalry.
The plebeian yeoman or peasant had to tear himself away
from his farm or his plot of ground for the summer months
when his fields needed care and his harvest was ready for
gathering : the rich plebeian in Rome served in the cavalry,
but not even he could hope under the constitution as it
stood to command an army or to take a part in settling a
question of foreign policy. The rich plebeians thought
they were no less capable than the patricians of acting as
generals or as senators : the poor plebeians wished that men
of their own order might become generals, because they
knew by experience that some patrician commanders had
acted harshly and even cruelly towards their soldiers.
Therefore the whole plebeian order eagerly desired that the
curule offices might be thrown open to plebeians. Towards
the attainment of their desires they were helped by the
exigencies of long successions of foreign wars, which for
ninety years from the time of my survey imposed on the
patrician magistrates the necessity of conciliating the
plebeians in order that they might get soldiers to fill
the ranks of their armies.
For more than a century after the Decemvirate the
Romans were engaged in constant wars with their neigh-
chap, xiil] FOREIGN WARS 193
bours. For the first sixty years a campaign to check the
Volscian and iEquian highlanders occurred nearly every
summer : and, though when half the sixty years poreig-n wars
had elapsed the Roman commander A. Postumius of the Romans
Tubertus won a great victory over the Volscians, Decemvirate
any relief that resulted from his success was to 338 B.C.
(i) Against
more than counterbalanced by attacks on the theVoisci
Roman territory undertaken by the strong andthe^qui-
Etruscan city of Veii. Eventually the Romans with the
aid of their allies the Latins and the Hernici besieged
Veii for ten years, keeping their armies for the first
time employed on active service in the winter as well
as the summer. When at last the beleaguered city was
captured and destroyed by the Roman dictator M. Furius
Camillus, and devoted to perpetual desolation, the Roman
body politic became for a time conspicuously the strongest
power in central Italy. The faithful protection that the
Romans had long given to the Latins and the Hernici had been
gradually converted into a protectorate over them, so that
the Latins and the Hernici were no longer independent but
had to adopt any foreign and military policy that the
Romans dictated to them : no one dared to oppose the
combined forces of the Romans and their helpers except
the iEquian highlanders, and they were defeated.
But the Romans only enjoyed their newly gained ascend-
ency in central Italy for six years. About sixty years after
the Decemvirate, in 390 B.C., a great horde of
Gauls descended from the valley of the Po ofRome,
and captured and burned all Rome except the 39oB.C-
r r 360 B.C.
Capitol. They tried for months to take the
Capitol also : but when they had suffered from pestilence
they consented to depart from Rome on receiving a large
ransom in gold. After their departure it was found that
the Romans by losing all their strong fortresses except the
194 FOREIGN [chap. xm.
Capitol had also lost their ascendency in central Italy. The
year after the Gauls departed, the Latins and Hernici, to
whom dependence on Rome had long been irksome, thought
they could easily stand alone now that Veii was destroyed,
and saw also that, even if they needed a bulwark, Rome in
its weakness would be of little use : and accordingly all the
Hernici and all the Latin towns except Tusculum declared
that their alliance with the Romans was ended.1 For about
thirty years after the capture of Rome the Romans had to
wage wars against the Volsci and JEqui unaided : sometimes
they found that some of the Latin or Hernican towns were
giving help to their enemies : and for these thirty years they
were exposed to more prolonged danger than they had known
for a century past.
At the end, however, of the thirty years, about 360 B.C.,
the grievous misfortunes of the Romans were in some
degree lightened.2 At that time a new horde of
strength of Gauls came into Latium, and though they were at
Rome, first welcomed by the Latin town of Tibur, and
360 B.C. J
two years later by Prseneste,3 the Latms in
general soon saw that they were dangerous visitors, and
in 358 B.C. were glad to make a new alliance with the
Romans : 4 from what followed it would seem that in this
alliance the Romans and the Latins were nominally placed
on an equal footing. The new alliance relieved the Romans
from the worst of their apprehensions, at any rate for the
few years during which the allies held firmly together. The
Gauls repeated their inroads into Latium or its neighbour-
hood in the next twelve years, and during that time the
Latins acted in support of the Romans against the invaders.
But after 348 B.C., when the Gauls made their last inroad,
there was no common danger to hold the Latins and the
1 Livy, 6. 2. 3. 3 Polybius, 2. 18, 19.
a Livy, 7. 9. and 12. 4 Ibid., 7. 12. 7.
chap, xni.] WARS 195
Romans together in friendship. The Latins were probably
in doubt whether they or the Romans were the stronger, and
were inclined to engage in a rivalry with them
to decide which should be the dominant power between
in central Italy. The Romans were willing and Rome and
J ° the Latins.
even eager to help any people decidedly weaker
than themselves which was likely under their protection to
become a useful and obedient dependency, but they did not
wish to promote the interests of any people which might
become their rival. Hence there was little prospect that
the alliance between Rome and the Latins would last long
after the Gauls were gone. It ended in the following way.
The Campanians of Capua, in the plain near Naples, being
menaced by the strong Sabellian people of Samnium, were
glad to become the subjects of Rome on any terms that the
Romans chose to grant. The Romans accepted their offer :
and then the Romans, with whom the Campanians were now
incorporated, joined with the Latins in making war on the
Samnites : but, after the allies had won some victories over
the Samnites, the Romans, thinking that the Latins were
inclined to desert them and the Campanians to try to
recover their independence, concluded a separate peace
with Samnium. After taking this step they could not
expect that the Latins would be their friends : and very
soon they had to wage a war against the combined forces of
the Latins, the Volscians, and the Campanians. The war
was evenly contested, but after it had lasted two years, the
Romans in 338 B.C. were completely victorious, and there-
upon the Latins, the Volscians, and Campanians were
brought permanently under the suzerainty of Rome.
During the period of more than a century that elapsed
between the Decern virate and the conquest of the Latins
the patricians needed all the soldiers they could get for
their foreign wars : and in order to get them they were
196 CONCESSIONS [chap. xiii.
compelled to make concessions to the plebeians. About five
years after the Decemvirate they agreed that marriages
Concessions between patricians and plebeians should be legal,
to the and the children of such marriages should follow
(i) Military the rank of the father. Soon afterwards, hoping
Tribunes. ^0 appease the desire of the plebeians to be
admitted to the curule magistracies but yet determined
not to give them the consular dignity, they proposed to
put the consular power in commission, and to enact that
instead of two consuls there should be three, four, or six
military tribunes with consular power. For about twenty
years the magistrates possessing the imperium were some-
times three or four military tribunes, but more often two
consuls : then for about fifty years ending in 367 B.C. they
were usually six or four military tribunes.
The compromise of putting the consular power in com-
mission gave no satisfaction : plebeians were seldom elected
(2) Licinian as military tribunes, and the division of command
Rogations, among many generals led to inefficiency in war.
During the thirty years of extreme danger from foreign
enemies, which followed the capture of Rome by the Gauls,
the plebeians resolved that they would gain admission to the
actual consulship : and in 367 B.C. they got it by means of
the Licinian Rogations, one of which enacted that consuls,
not military tribunes, should be elected, and in every year
one consul should be a plebeian. The patricians, after the
Rogations had been voted in a concilium plebis and had
therefore become plebiscita, long refused to allow them to
become law : but in 367 B.C., under the extreme pressure of
danger from outside, they gave way : the plebeians on their
side consented that the judicial duties of the consuls should
be taken from them and entrusted to a new magistrate,
called Praetor, who was to be always a patrician.
The acceptance by the patricians of the rule that one
chap, xiii.] TO THE PLEBEIANS 197
consul must always be a plebeian would have sufficed to end
the bitterness of the strife between the orders, if the rule
had been faithfully observed. For eight or ten
years the patricians saw that it was necessary enforcement
to let it be enforced, because the Latins and Lidnian
Hernici were alienated from the Romans or Rogation,
hostile, and therefore the Roman plebs must be
kept content : but in 358 B.C., as we have seen, they
obtained a new alliance with the Latins. After that the
Licinian law about the consulate was indeed obeyed for
one year more: but in 356 B.C. the patrician magistrate
who held the election of consuls insisted on creating two
patricians, and in the next twelve years there were seven in
which neither consul was a plebeian. At last, in 342 B.C.,
when the Romans were beginning a war with the Samnites
and thought that a war with the Latins might soon be upon
them, the patricians abandoned their foolish evasions of the
law to which they had consented, and thenceforth one of
the consuls was a plebeian.
Throughout the century and a half or more from the
expulsion of Tarquin to the conquest of the Latins a wise
foreign policy was to the Romans as the breath The Senate
of their nostrils : and at the same time adhesion to 338 BC-
to such a policy was a task requiring extraordinary
prudence and perseverance. The Roman stronghold had
originally grown to importance as a barrier for the Latins
against enemies on the north of the Tiber : it must continue
to do the work of protecting its southern neighbours if it
meant to keep or increase its importance, and at the same
time it could not do that work unless its citizens would
submit to great hardships and sacrifices. The difficult task
of ensuring that the Latins and Hernici were duly protected
and of controlling the rest of the foreign policy of Rome
could only be performed under the guidance of a permanent
198 SENATE [chap. xtit.
body of skilled and experienced advisers. Such a body was
found in the senate. On all questions of foreign policy and
many questions of home policy the curule magistrates, when
in doubt, were wont to summon and consult the senate, and,
though they were not compelled to follow its advice, they
did follow it, and therefore the opinion of the senate
determined the policy of the community.
The magistrate who had summoned the senate presided
over its session : he asked the senators in such order as he
Procedure in chose their opinion on the point at issue, and no
the senate. senator could speak till the presiding magistrate
called on him. When the presiding magistrate had satisfied
himself, either with or without a counting of votes, what
view was approved by the majority, that opinion was
expressed in a resolution called senatus consultum.1 In
consequence of the method of procedure at a sitting of the
senate the presiding magistrate was able to ensure that the
senators who spoke early and gave a tone to the deliberation
were men who had gained experience in curule magistracies,
and thoroughly understood what was needed for keeping
the policy of the Romans consistent.
We have from an early period good means of judging
what kinds of subjects were those on which the senate was
asked its opinion, and expressed it, and saw it
by the followed by the curule magistrates. Starting
with the point of time about twenty years after
the Decemvirate, which I chose for a survey of the Roman
constitution, we find that within the next twenty years the
senate advised and practically settled who should dedicate
a temple, whether for a given year the magistrates should
be consuls or military tribunes, when there should be a
dictator and (seemingly) even what person should hold the
dictatorial power, what number of military tribunes should
1 Livy, 1. 32. 12.
chap, xtti.] SENATE 199
go out as commanders in a campaign, what proportion of the
tribes should be called on to furnish soldiers, whether a colony
should be sent out to a piece of newly conquered territory,
and how much land should be given to each colonist.1
By giving wise advice on such matters as these the senate
enabled the Roman state to adhere to its admirable foreign
policy of steadily helping the Latins and the
Hernici : and in consequence it became an influence of
article of faith with all curule magistrates that the senate-
the senate was the fountain of political wisdom and its
advice must never be lightly disregarded. During the
difficulties of the long siege of Veii, throughout the thirty
years of distress that followed the capture of Rome and the
defection of the Latins and Hernici, during the anxious
years in which the Romans were in alliance with their old
supporters but could not trust them, and finally in the war
with the Samnites and the conquest of the Latins, the
influence of the senate steadily grew greater, whatever
might be the issue from year to year of the conflicts
between the patricians and the plebeians.
We now have to turn to the war of the Romans against
the Latins, the Campanians, and the Volscians, and to the
problems which the Roman magistrates and Djfficutt
senate had to solve at its conclusion. By the questions laid
end of the year 340 B.C. the consul T. Manlius senate, 340
Torquatus had received the submission of the B.C.-338 B.C.
. , - (1) Preliminary
Campanians, and of all or a great part of the settlement,
Latin towns. For the moment nothing was 340 B,c*
decided by the senate except that some land should be
taken from each of the Latin towns which had fought
against the Romans and then submitted,2 and that the
1 All these instances of the practical influence of the senate are mentioned
in Livy, 4. 29-47.
2 Laurentum, which was rather a country district than a town, is specially
mentioned as having refused to join in the war against Rome.
200 DIFFICULT [chap. xitt.
Campanians should forfeit the large and fertile Falernian
field. The wealthy class in Capua, who were known as the
knights, had not joined in the war, and consequently it was
settled that they should be admitted to full Roman citizen-
ship, and that the poorer Capuans who had been enemies
of the Romans should be compelled to pay a special tax
to provide each of them with a comfortable additional
income.1
Whatever may have been the number of Latin towns that
submitted to the Romans in 340 B.C., their submission was
it nofc Permanent- In 339 B.C. they were in arms
questions, again, but owing to the negligence or jealousy
338 .c. Q£ one Q£ tke consuls little was done towards
reducing them: in 338 B.C. they were completely over-
powered in two battles by the consuls L. Furius Camillus
and C. Msenius. Then it was necessary for the Romans to
answer the difficult question what was to be done with them.
Hitherto the Romans had thought of only two methods of
dealing with conquered towns : they had either razed their
walls and removed a good part of their inhabitants to Rome,
or they had occupied them with a garrison of settlers. The
first plan had been adopted by the ancient (patrician)
burgesses of Rome when they conquered the towns of
Ccenina, Crustumeria, Politorium and the rest ; 2 the in-
habitants of those towns had formed the chief nucleus of
the plebs, and the plan of depriving them of their own
towns had led directly to the long strife between the plebeians
and the patricians. The experiment then made could hardly
be repeated on a far larger scale. The second plan, of
occupying the conquered towns with garrisons of settlers,
was beyond the power of the Romans ; they had not enough
citizens to occupy them effectively. As both the old methods
were useless or impracticable, some new plan must be
1 Livy, 8. 11. 13-15. 2 See page 169.
chap, xtti.] QUESTIONS 201
devised. The consul L. Furius Camillus consulted the
senate on the matter, and himself expressed a wish that
some scheme might be thought of which would enable the
Romans to keep the Latins as willing allies. The senate
resolved to consider the case of each of the Latin towns
separately. We cannot follow its deliberations, but if we
enumerate the principal towns in Latium with which it
had to deal we can appreciate the magnitude of the task
that lay before it.
Many of the Latin towns were older than Rome, and it is
quite possible that some of them may have been joined in
an alliance or confederation before Rome was ,_.
The towns
founded. In the reign of Tarquin the Proud of Latium,
the strong towns in the league were Tusculum, p3 ' "
Corbio, Aricia, Labici, Lanuvium, Lavinium, Lauren turn,
Bovillae, Nomentum, Tibur, Pedum and Prseneste; these
twelve no doubt took the lead in concluding the famous
treaty between the Latins and the Romans in the consul-
ship of Sp. Cassius during the first secession of the Roman
plebs to the Mons Sacer. In 338 B.C. eleven of the twelve
were still in existence and were members of the Latin
league; Corbio alone was missing, having been destroyed
by the Romans before the time of the Decemvirs.1 Besides
these ancient towns the Latins from the time of Tarquin
onwards had acquired others by colonisation ; among these
newer towns the most important were Signia, Circeii, Norba,
1 Livy, 3. 30, end. In regard to Labici, one of the very ancient Latin
towns, Livy (4. 47. 7) tells a most improbable story, saying that about
forty years after the Decemvirate it was converted into a Roman colony,
and therefore implying that in 338 B.C. it was no longer a Latin town.
He says the number of colonists was fifteen hundred, and they received two
jugera apiece — that is, an English acre and a fifth. The usual number of
colonists in a Roman colony was three hundred, and they received far
more than two jugera, since they were intended to be a garrison and a
governing body. All that happened at Labici was a confiscation of land
which was distributed to Roman citizens in garden plots : Labici continued
after the confiscation to be a Latin town.
202 FATE OF THE LATINS [chap. xtti.
Ardea, and Setia.1 Thus in 338 B.C. the Roman senate had
to decide what should be done with eleven ancient Latin
towns and five important Latin colonies, besides a number
of lesser places too inconsiderable to be known to the
annalists. In addition to all this they had to consider the
case of Velitrse, which had been occupied by a colony of
Roman citizens, but had joined with the Latins in the war
against Rome.
The Roman senate considered the merits or demerits of
the towns one by one. Five of the eleven ancient towns
Dispositions were treated with lenity. The men of Tusculum
of the Roman j^ except in the recent two years of war, been
senate in J- *
regard to steady friends of Rome, and had in 381 B.C.
LaSum" received the full rights of Roman citizenship
338 B.C. including the privilege of voting in the assemblies.
The senate in 338 B.C. judged that few of them had even in
the last two years been enemies of Rome : they punished the
offenders and left the rest as fully qualified Roman citizens.
Lanuvium, Aricia, Nomentum, and Pedum were admitted to
the same rights as Tusculum had possessed for forty three
years: their inhabitants were to become fully privileged
Roman citizens as soon as the holding of a census gave an
opportunity of enrolling them in tribes and centuries. The
rest of the Latin towns were rendered innocuous to the
Romans by a dissolution of their ancient league, and by
the adoption of precautions which kept every one of them
in complete isolation. All contracts, including marriages,
1 For a list of the Latin colonies founded before 338 B.C., see Marquardt,
Staataverwaltung, 1. 48, 49. Satricnm can hardly be counted as a Latin
town in 338 B.C., because Livy (9. 16. 2) under the year 319 B.C. speaks of
Satricani qui, cives Romani . . . defecerant. His statement (6. 16. 6) that
in 385 B.C. Satricum received a colony of two thousand Roman citizens is, I
admit, incredible : but it seems probable that in some way before 338 B.C.
it had received Roman citizenship, and in 340 B.c Mas not a Latin town and
had not fought against Rome. Antium had once been a Latin colony, but
in 338 B.C. it was the chief town of the Volscians.
chap, xin.] AND THE CAMPANIANS 203
between an inhabitant of one Latin town and an inhabitant
of another Latin town were declared invalid ; and all agree-
ments of a public character between Latin towns were
prohibited.1 In regard to Laurentum, the one Latin com-
munity which had not fought against Rome, the arrangements
made in 340 B.C. were left unaltered. Laurentum alone
among the Latin communities lost no land, and was per-
mitted to contract a special treaty of friendship with the
Romans, which Livy tells us was in his own time renewed
every year at the Latin festival.2 All the Latin towns except
the five which were completely incorporated in the Roman
community were counted as allies of Rome, and were
compelled to furnish the Romans with contingents of
troops. The governing class at Velitrse, because they were
descended from men who had been Roman citizens, were
treated with exceptional severity; those of them who
were senators of Velitrse were deprived of their lands and
deported across the Tiber. The walls of Velitrse were razed,
and though new colonists were sent to occupy the lands of
the senators, the place thenceforth was not a military town
but a large village of farmers.
The treatment of the Campanians and the Volscians is
not fully described by Livy. The Falernian field, taken in
340 B.C. from the Campanians, must have been „
1 Treatment cf
quickly occupied by Roman farmers, since in theCampan-
318 B.C. it contained enough citizens to fill up ians>338B.C.
a new tribe called Falerina.3 In the great and wealthy city
of Capua all the citizens except the knights were compelled
to receive civitas sine suffragio* or Roman citizenship with-
out the right of voting, which had been imposed probably
about fifteen years earlier on the Etruscan town of Csere :
the poor Capuans were thus placed in a condition analogous
1 Livy, 8. 14. 2 xbid., 8. 11. 15.
3 Ibid., 9. 20. 6. 4 Ibid., 8. 14. 10.
204 LATIN AND VOLSCIAN TOWNS! [chap. xiit.
to that of the Roman plebeians before their first secession to
the Mons Sacer, bearing the burdens but enjoying none of
the political privileges of Roman citizenship : the knights
of Capua were kept in comfort and in political predominance.
In the Greek city of Cumse, in Campanian Suessula, in
Volscian Fundi and Formise, all the freemen received the
same civitas sine suffragio as the mass of the Capuans.
From the Volscians some land around the Pomptine
marshes must have been seized and given to Roman
Treatment citizens : for in 318 B.C. a new Roman tribe
of the was made and called Ufentina, from the river
Ufens in that neighbourhood. Some of the new
tribesmen were no doubt inhabitants of the Volscian town
of Privernum, which in 329 B.C. was admitted to full Roman
citizenship : but the Privernatians would not suffice by
themselves to make a whole tribe. Antium the strongest
town of the Volscians was compelled to surrender its galleys
of war and to receive a colony of Roman citizens: its in-
habitants, including the new colonists, were forbidden to
sail on the sea for war or for commerce.1 Those Volscian
towns which are not mentioned by name were no doubt
placed, as the major part of the Latin towns had been placed,
among the dependent allies of Rome.
Those Latin and Volscian towns which were not in-
corporated in the Roman state in 338 B.C. suffered severely
Condition of fr°m tne isolation to which they were condemned,
the Latin and and the only alleviation of their hard lot con-
towns after sisted in the right of self government which the
338 B.C. Romans had allowed them to keep. But, though
the towns were grievously humiliated, their inhabitants from
the first had chances of becoming prosperous, since they
served under the Romans in their wars and could gain
plunder or military rank : and further, within a few years,
1 Livy, 8. 14 and 8. 12.
chap, xiii.] AFTER 338 B.C. 205
fresh avenues towards good fortune were opened to them,
when the Romans, on making new conquests, planted on
them colonies in which the settlers were drawn indis-
criminately from Rome, from the Latins, from the Volscians,
and from the Campanians. Within fifty years of the dis-
solution of the Latin league twelve such colonies were
founded, and towards them Latins, Volscians, and Campanians
were rapidly attracted. The old towns which had warred
against the Romans in 340 b.c-338 b.c. were thus depleted of
their inhabitants, but men who had gone forth from them
found new homes in which they lived under the protection
of the Roman armies as citizens of large and prosperous
communities.1
CONQUEST OF ITALY, 338 B.C-264 B.C.
For twelve years after the end of the Latin war, from
338 b.c. to 326 B.C., the Romans waged no war on a great
scale. During this interval the arrangements
made in 338 B.C. took their effect in determining Rome,
boundaries of territories and the status of the &r
men living within them : and it will be well to observe at
the end of the twelve years' interval what were the territories
of the Romans and the territories of their allies.
In 326 B.C. the territory actually inhabited by fully
qualified Roman citizens was only five or six times as large
as in the reign of Tarquinius Superbus. The additions
made to it since the time of Tarquin were these: (1) lands
taken from conquered towns and given for the most part to
Roman farmers, but in three cases to colonies or garrisons
of Roman citizens, and (2) territories joined to the Roman
territory by the incorporation of their inhabitants in the
1 For the names of the twelve colonies called Latin that were founded
between 338 b.c. and 289 B.C., see Marquardt, Staatsviv., 1. 49, 50 in edition
of 1873. These twelve are nearly half of all the Latin colonies founded after
338 B.C.
206 STRENGTH OF ROME [chap. xiii.
Roman community. Under the head (1), lands taken from
conquered towns, we have to note the territory of Veii,
covering perhaps five or six hundred square miles, some
small pieces taken from Latin towns, other small pieces
taken from Volscian towns, and lastly the Falernian field
with an area of one or two hundred square miles. All of
these were given to Roman farmers. The three positions
assigned to colonies of Roman citizens were Ostia, Antium,
and Anxur or Terracina, all on the sea coast. Under head
(2), territories incorporated together with their inhabitants
in the Roman community, with full rights of citizenship,
were only the five Latin towns, Tusculum, Aricia, Lanuvium,
Nomentum and Pedum, and the Volscian town of Privernum.
Beside the territory inhabited by full burgesses were Caere,
Capua, Suessula, Fundi and Formiae, whose inhabitants,
except the knights of Capua, were Roman citizens without
political privileges. All Latin and Volscian towns except
those that have been mentioned, together with the Hernici,
were called allies, but were in truth dependents or clients of
the Roman state.
The territories of the Romans and their allies lay in a
strip a hundred and fifty miles long from Sutrium and
Great Nepete in Etruria to Cumae near Naples. In its
strength of northern half from Nepete to Sora on the Liris
body politic, the strip was forty miles broad: further south
326 B.C. jt ka(j on}v hajf 0f this width, and thus its whole
area was about four thousand five hundred square miles,
equal to three quarters of Yorkshire. With resources
drawn exclusively from this small extent of ground, the
Romans in 326 B.C. began the conquest of Italy, and
sixty two years later in 264 B.C. had completed it. In
view of this astonishing achievement it may reasonably
be thought that the Roman community in 326 B.C. was in
military force and in conduct of foreign policy the most
chap, xin.] THE SAMNITES 207
vigorous and efficient community that has ever subsisted on
so small an area. Other instances of communities that have
drawn great vigour from a small territory are the French
under Philip the Second before he won conquests from
John of England, and the Swiss confederation in the early
years of the sixteenth century. Each of these communities,
without counting any of their vassals or allies, had an area
about half as large again as the territories of Rome and its
allies twelve years after the end of the Latin war. The
.Swiss might probably have contended on equal terms
against the Romans in the field, but the federal character
of their constitution was in itself a source of weakness, and
led in times of religious differences to the dissolution of
their body politic. The French under Philip the Second
were much more like the Romans in the early part of their
career because their territory had been accumulated by
conquests of fortresses carried out from Paris as a centre :
but the French had had a far less arduous and prolonged
task of conquest than the Romans, and accordingly they
had not so large a force of trained soldiers nor so many
skilful generals, and above all, they had no such admirably
efficient organ for managing their foreign policy as the
Romans possessed in their senate.
When the Romans in 326 B.C. began advancing their
armies beyond Campania, their first opponents were the
Samnites, who deserve a short notice, because
they were the strongest of the tribal peoples in
ancient Italy. They were one of those many offshoots from
the Sabines which received from Niebuhr, and have since
retained, the ethnographic name of Sabellian. The Sabines
in an unknown age sent out bands of adventurers from their
homes close to the highest mountains in the Italian
peninsula, now known as il Gran Sasso d'ltalia and Monti
della Sibilla, to seek their fortunes abroad. The lesser
208 EXPANSION OF [chap. xiii.
peoples founded by the migrant Sabines included the
Frentani, the Peligni, the Marrucini, and probably the
Vestini, all settled on lands which drain into the Adriatic
Sea: their greatest conquest was the valley of the river
Volturnus, which runs the other way into the western sea,
passing on its course close to Capua.
When the Sabine adventurers came into the upper basin
of the Volturnus they found the country already occupied
Their by an Oscan people : x from the Oscans they con-
conquests, quered a territory nearly as large as that occupied
in 326 B.C. by the Romans and their allies : but they adopted
the language of the vanquished Oscans.2 From this fact we
may gather that the Sabine conquerors were few and the
conquered Oscans were many, and that the conquest of the
Oscan territory was affected with ease and rapidity : for, if
it had been a slow business, the Sabines would have needed
to establish themselves in great force in a part of the
country, and get great reinforcements from their Sabine
home in order to conquer the rest : in that case they would
probably have kept the Sabine language. The Sabines in
the valley of the Volturnus probably called themselves
Safini : the Greeks called them Saunitte, the Romans called
them Samnites. After the arrival of the Samnites in the
Volturnus valley they were a small dominant race ruling
the many subject Oscans, as the Normans in our own
island ruled the subject English: but before 440 B.C. it
seems certain that the Samnites and the Oscans had
amalgamated into one strong people which bore the name
of Samnites: for about that time we learn that the
Samnites began sending out offshoots further afield.
Between 440 B.C. and 380 B.C. bands of Samnites conquered
Campania from the Etruscans and the Greeks, and organised
a number of the small tribes in the southern peninsula of
1 See p. 163. ■ Livy, 10. 20. 8.
chap, xiii.] THE SABINES 209
Italy into a large people known as Lucanians : the Lucanians
in turn sent out an offshoot which gained some kind of
dominance over the Bruttians further south. But the
conquests made by the Samnites outside the land which
had been Oscan added nothing to their power : the
Campanians, the Lucanians, and the Bruttians were all
separate peoples from the Samnites proper, and the
Campanians between 340 B.C. and 338 B.C. were converted
into a dependency of the Romans.1
The Samnites within the land they had conquered from
the Oscans bore in different districts the names Pentri,
Caraceni, Hirpini, and Caudini. These names
denote the cantons into which they were divided, condition
The cantons of the Pentri, the Caraceni, and °fthe
Samnites.
the Hirpini were large and peopled by hardy
mountaineers and herdsmen : they had but few towns as
Bovianum, iEsernia, and Malibentum (afterwards Beneven-
tum), and even these towns probably served rather as
markets and refuges in case of need than as places of con-
tinuous residence, since during the greater part of the year
the Samnites had to be out on the open mountain sides in
order to get pasture. The Caudini were a very small
canton, and as they took their name from the town of
Caudium and lived near to the wealthy city of Capua, they
may have had a larger proportion of townsfolk than the
other cantons.
About the government of the Samnites we know nothing
except that they had no kings: we do not even know
whether their cantons were joined only in a -^^
permanent alliance like the Swiss before qualities.
1481 a.d., or under a federal government like the Swiss
1 Evidence about the conquests of the Samnites is given in the articles
'Samnium,' • Lucani,' ' Bruttii,' contributed to Smith's Diet. Qeogr. by Sir
Edward Bun bury.
O
210 FINAL CONCESSIONS [chap. xiti.
after that date. On the whole the Sainnites bore more
resemblance to the Swiss than to any other people : but it
was characteristic of a people which had made its conquests
with ease that they were unskilful in managing foreign
policy. They had not while they were expanding needed
alliances, and in consequence they did not know how to
make them. During their contest with the Romans they
failed to tnake allies of either their kinsmen the Lucanians
or the Greek Tarentines, though either alliance could have
been gained with a little skill: and after they had compelled
two consular armies of Romans to capitulate in the Caudine
Forks they gathered no fruits from their victory. The
Swiss, who had to endure most arduous exertions in
asserting their independence, never failed to reap all
the advantages that could be got from a successful battle,
and in the fifteenth century showed excellent judgment
in choosing their allies. In spite, however, of all defects in
their organisation and policy the Samnites were by far the
strongest of the Italian adversaries of the Romans: their
war against the Romans began in 326 B.C., and it was not till
thirty six years later, in 290 B.C., that it ended in their
defeat.
The second strong adversary of the Romans was Pyrrhus,
King of Epeirus. In his own country he was an excellent
ruler of a vigorous tribal people : during his
campaigns in Italy, although he came in the
first instance as the champion of the Tarentines, he was not
king of a people but only commander of an army, and as
such he need not detain us longer. He arrived in Italy in
280 B.C., defeated the Romans at Heraclea and Asculum,
but, finding that his victories availed him nothing, went
away from Italy to Sicily, where he gained some short lived
successes. In 276 b.c. he came back to Italy and lost a
battle at Beneventuni ; in the next year he went back to
chap, xiii.] TO THE PLEBEIANS 211
Epeirus, leaving the Romans practically masters of Italy.
By the year 264 B.C. they had asserted their supremacy over
all the peninsula as far north as the river Arno on the west
coast, and the river iEsis near Ancona on the Adriatic
shore.
When the patricians in 342 B.C., just before the great Latin
war, ceased to evade the law which prescribed that one of
the consuls should be a plebeian, they put an Final con-
end to the sharpness of the strife between the cessions to
orders. From that time the tribunes made no during the
attacks on the whole patrician order : their only conquest of
onslaught against any patrician was directed 326 b.c-
against Appius Claudius, who, after being elected "r* BC-
censor in 312 B.C., refused to obey the law which ordained
that he should lay down his office at the end of eighteen
months, and thereby probably offended a great part of the
patricians no less than he offended the plebeians. During
the wars against the Samnites and against Pyrrhus the
patricians were intent on making conquests, for which they
needed the zealous support of the plebeians : consequently
they made no efforts to keep those minor exclusive privileges
which still remained to them, but gave way to all demands
made by the plebeians. Before the year 300 B.C. plebeians
had held the offices of dictator and censor, besides having a
legal title to one of the two consulships in every year. Thus
all the great magistracies were as open to them as to the
patricians. Finally in 300 B.C. by the Ogulnian law they
gained access also to the religious dignities of the augurship
and the pontificate.1 A few years later the poor plebeians,
being oppressed with debts, made their grievances known
in a serious insurrection and in a secession to the
Janiculum, of which we know very little because we possess
nothing of the eleventh book of Livy except an ancient
1 Livy, 10. 6-8, especially 10. 8. 8 and 10. 9. 2.
212 LATIN [chap. xiii.
epitome.1 A plebeian dictator Hortensius put an end to
the secession by passing in the assembly of the centuries
the famous Lex Hortensia by which it was ordained that
all plebiscite,, or resolutions accepted in the concilium
plebis, should have the force of law and be binding on
plebeians and patricians alike.
After the passing of the Lex Hortensia the patricians had
no exclusive political privileges, and the plebeians had two.
None but a plebeian could be a tribune or an sedile, and the
plebeians had power to make laws binding on the whole
community. The privileged position, however, of the
plebeians produced no bad results, because, in thirty one
out of the thirty five tribes, all the voters were landowners,
and because, as we shall see, the tribunes soon came under
the moderating influence of the senate.2
During the course of the conquest of Italy the Roman
magistrates with the advice of the senate took wise measures
„ . . for securing their acquisitions. Thev did not
Provisions ,. *
for securing extend the Roman territory by incorporating
j°°trolof conquered peoples with the Romans except in
326 B.C.- one instance, in 268 B.C., when they imposed
4 Roman citizenship on the Sabines.8 When the
Sabine country had been annexed the continuous territory
of the Romans had its corners at Sutrium in Etruria, at
Nursia in the north of the land of the Sabines, and at Cumai
in Campania, and its area was only six thousand square
miles, one third more than the territory of the Romans and
their allies a dozen years after the Latin war. Within these
narrow limits dwelt all the Romans who at all regularly
took part as voters in the assemblies of the republic, and
1 Livy, Epitome of Book 11, 'plebs propter aesalienum post graves etlongas
seditiones ad ultimuni secessit in Janiculum : unde a Q. Hortensio deducta
est.' Justinian, Digest., I. 2. 2. 8, where a long extract from Pomponius is
given.
2 See below, pp. 225, 229. 3 Velleius PaterculuB, 1. 14. 6.
chap, xiii.] COLONIES 213
who may therefore be called the active citizens of the
community. There were, however, Roman citizens settled
one by one or in small groups as farmers almost all over
Italy: and these farmers, being liable to service in the
legions, were in all senses that were not political effective
members of the Roman commonwealth.
The small Roman state whose limits have just been
denned had acquired a suzerainty over Italy and desired
to keep it. In order that its desire might be Latin
fulfilled it was necessary that the Roman armies colonies,
should be able to move freely throughout the peninsula:
and this they could not do unless they had points of
support to give them supplies and, in case of need, defences.
Such points of support the Romans provided for them by
founding a number of garrison towns or colonies at strategi-
cally important inland positions. There were not enough
Roman citizens to furnish settlers to occupy these towns,
and therefore the colonists were taken indiscriminately
from the Romans, the Latins, the Volscians, the Cam-
panians, and the Hernicans. By drawing on so many
peoples the Romans were enabled to give each of the new
fortresses a sufficient number of inhabitants : for example,
2500 colonists were planted at Cales, the same number at
Luceria, 4000 at Sora, and 6000 at Alba near the Lake
Fucinus in the land of the iEqui : in each case wives and
children would at the first founding of the town be as many
as the colonists proper, and within a generation they would
be three times as many.
The inland colonies thus established were set down in the
midst of Italian tribes which resented their coming to rob
them of their land: they were accordingly compelled to
rely for protection on the Roman armies, and therefore
to be faithful to Rome. Their foundation served the
threefold purpose of removing the greater part of the old
214 THE ITALIANS [chap. xiii.
Latins and Volscians from near Rome, where they were
not wanted, of making the colonists contented, and of
. giymg bases of operation to the Roman armies,
dependence The colonies governed themselves, had the right
on ome. Q£ ^fcrikfog their own coinage, and were called
allies, not subjects, of the Romans: and, as they were
largely composed of Latins and stood in the same relation
to Rome as those Latin towns which had not been in-
corporated in the Roman body politic, they acquired
either at first or within one or two generations the ap-
pellations, peoples of the Latin name, or allies belonging
to the Latin name.1 The number of colonies of the
Latin name founded between the end of the Latin war
and 264 B.C. was eighteen : the most important was
Venusia, at the meeting point of Samnium, Apulia and
Lucania.
In regard to the peoples of Italy generally, as the
Samnites, the Etruscans, and the Umbrians, we do not
know what status was allotted to them immedi-
ately after they were conquered : but in dealing
with the Hernici the Romans took care to break them up
into small units before they dictated any terms to them,
and then they dictated their terms to each small unit
separately.2 From later records we can see that a similar
course was adopted then or afterwards in dealing with the
Samnites, the Etruscans, and the Umbrians.3 The terms
imposed on an Italian community always contained a stipu-
lation that it must furnish the Romans with soldiers when
required.
The precautions just described almost sufficed to secure
for the Romans the control of Italy : but for some reasons,
probably local, which are not explained, they found it
1 E.g. in Livy, 23. 12. 16. 2 Livy, 9. 43.
Marquardt, Staatsvw., 1. 46, 47, edition of 1873.
chap, xiil] MARITIME COLONIES 215
desirable in the country east of Umbria, whence they had
expelled the Senonian Gauls, and in Picenum, a little further
south east, to establish two colonies on the coast Maritime
at Sena Gallica and at Castrum Novum : * during colomes-
the first Punic war, which was waged mainly on the
sea, they planted three more colonies on the coast, one in
Umbria, and two in Etruria. In founding these colonies,
which were called maritime, they followed a precedent
which had been set by their ancestors when they turned
some of the towns on the Latin coast into Roman stations,
by choosing the colonists exclusively from Roman citizens :
in the time of the first Punic war it would have been
imprudent to place a colony of any but Romans on the
coast where it might receive visits from foreign fleets or
foreign ambassadors, and be exposed to temptations so
strong as might lead it to break faith with Rome. The
number of Roman citizens sent to act as a garrison of a
town at a distance from Rome was usually three hundred :
that was the number in each of three colonies of Roman
citizens sent out in 194 B.C., seventy years after the period
of which I am speaking:2 and it is certain that in
the earlier time of the conquest of Italy and the first
Punic war the number sent to the maritime colonies
was not more than three hundred, and was only just
enough to provide the towns to which they were sent
with a garrison and a governing body. We are not
definitely informed whether the settlers in a maritime
colony retained their full rights as Roman citizens, though
it seems likely that they may have kept them: but in
any case they were too far away from Rome to exercise
them habitually, and we have perfectly clear evidence
that they were free from all military service except
1 Polybius, 2. 19. 12, and Livy, ep. 11.
2 Livy, 34. 4j.
216 ITALY UNDER [chap. xiii.
their duty of holding the town in which they had been
settled.1
When Italy had been conquered by the Romans its
inhabitants were politically arranged in three classes,
Romans, Latins, and Italians. The Romans were
Roman planted thickly over an area as large as York-
suzerainty, shire, with Rome as its centre, and were scattered
264 B.C. . -Tii
thinly about the whole peninsula. The only
Romans who could habitually take part in Roman political
life were those who lived within two days' journey, say forty
or fifty miles, of the capital city. Towards the sea and in
Etruria the Roman territory extended very much less than
fifty miles from the city : and from consideration of a map
we may conclude that the active Roman citizens lived on
not much more than half of a circle with a radius of forty
or fifty miles — that is to say, on an area of only about four
thousand square miles. The inhabitants of this small
extent of land were, in so far as the work of governing
was concerned, the suzerain community of Italy : the
Romans further from Rome exercised their citizenship
merely by serving in the army. Of the Latins by far the
strongest bodies were eighteen colonies far away from
Latium : the colonists were descended from men who had
been for a century, and then again for half a century,
brothers in arms of the Romans, and they needed the help
of the Roman armies to protect them from Italians whose
lands had been given to them by the Romans. In conse-
quence of these facts they were zealous and hearty in giving
their services to their Roman suzerains, and in a later
period when their allegiance to Rome was most severely
tried it could not be shaken. The Italian communities
gained little from their vassalage to Rome except that they
1 Livy, 27. 3S. On the maritime colonies generally, see Marquardt,
Staatsuw., 1. 35-39.
chap, xiil] ROMAN SUZERAINTY 217
were prevented from fighting with one another: but the
services required of them consisted in the furnishing of
troops and not in the payment of money, and as it was
necessary for the Romans to treat them with conciliation
because they wished that they should furnish their con-
tingents willingly, and those contingents should fight
zealously, their condition was far better than if they had
been merely tributary communities, and was contrasted
most favourably with the condition of Greek maritime cities
under the suzerainty of Athens or Sparta.
CHAPTER XIV
SUrEEMACY OF THE ROMANS IN ITALY, 264 B.C.-201 B.C.
In 264 B.C., soon after the Romans had acquired the power
to control the doings of all the communities in Italy, they
thought it advisable to intervene in a quarrel between two
bodies politic in Sicily, just outside their own peninsula.
Their interference in Sicilian affairs brought them into
active rivalry with the Carthaginians, who, though unlike
them in character and pursuits, were approximately their
equals in effective strength. From 264 to 241 the rival
peoples of Rome and Carthage waged open war with
varying fortunes for the possession of Sicily: from 241 to
218 they were at peace but unfriendly : from 218 to 201 the
Roman state had to contend for its existence against
Carthaginian armies commanded by the splendid genius
of Hannibal. As Rome and Carthage were evenly matched
in strength, the Romans throughout the sixty four years of
the contest from 264 to 201 never extended their supremacy
so as to include more than Italy and its adjacent islands of
Sicily, Sardinia, and Corsica; on the other hand, at all
times except from 217 to 203 the Romans kept control ot
all Italy, and even in their years of adversity from 217 to
203 they retained the willing allegiance of the Latins, who
were by far the most important among those inhabitants of
Italy who were not Roman citizens. Hence it appears that
the period from 264 to 201 can be designated without
serious inaccuracy as the period of the supremacy of the
218
chap, xiv.] SICILY 219
Romans in Italy. In sketching the character and circum-
stances of the Roman commonwealth in this period I shall
depict first the causes and results of its wars against
Carthage, then its constitution, next the social classes into
which the Roman citizens were divided, and, lastly, the
administration of justice in suits that arose between members
of different communities in Italy.
Sicily, where the Romans made their first intervention
outside Italy, was in 264, and had been for about twenty
five years, divided into four parts. The west of ^ Sicily,
the island belonged to the Carthaginians: the ^b.c.
eastern coast except its northern extremity was Greek, and
from 270 onwards was subject to Syracuse : the north
eastern corner of the island was ruled since 289 B.C. by a
lawless band of adventurers, called Mamertines, who were
originally recruited in Campania by Agathokles, tyrant of
Syracuse, but on his death in 289 B.C. had perfidiously
seized the seaport town of Messana : the middle of the
island and some of the northern coast was inhabited by
communities of Sikels, which from 270 were so far subject
to the Syracusans that they paid them a tenth of their
produce.1 The strongest power in the island was Carthage ;
the second Syracuse ; the third the Mamertines ; the Sikel
communities cannot be counted as a separate power since
they were dependent on Syracuse.2
It was probably in the year 275 that Hieron the Second
was chosen by the Syracusans to be their general and chief
statesman. His most troublesome neighbours were the
Mamertines at Messana, and another similar body of Cam-
panian adventurers at Rhegium, on the coast of Italy
where it approaches very near to Sicily. The Campanians
1 Cicero, in Verrem, Act. 2. 3. 6, 12. 13. Marquardt, Staatsvw., 1. 93, n. 8.
2 There is a good map of Sicily in 264 b.c. in Smith, Alias of Class.
Geogr., Plate 15.
220 FIRST [chap. xiv.
of Rhegium had been originally formed into a legion by
the Romans, and had been stationed by them in 281 as a
Hieronof garrison of Rhegium under their Campanian
Syracuse commander Decius Jubellius. While the Romans
Romans! were busy in thinking of their means of resisting
and expects Pyrrhus (who came to Italy in 280), the garrison
their friend- / _. .v . „ , * .. /' ° „
ship in of Rhegium threw on their allegiance to Rome
return. an(} seized Rhegium for themselves. When
Pyrrhus was gone from Sicily and Italy, the Romans
and Hieron had a common interest in expelling the
Jubellians from Rhegium : the Romans besieged the town,
and Hieron helped them.1 The Jubellians were for the
most part killed fighting: those who were captured were
publicly beaten to death in the forum at Rome. Then it
was the turn of Hieron to attack the Mamertines: in 270
he defeated them in battle and shut them up in Messana :
thereupon he was saluted as king of all the Greeks in Sicily.
After besieging Messana for six years he at length reduced
its inhabitants to extreme distress, and, if no foreign power
intervened, he was sure of taking the city : but thereupon
the Mamertines offered the Romans to become their de-
pendents in return for protection against Hieron.
The Roman senate reflected that, if the Romans refused
protection, the Carthaginians would give it, and thereby
Th getting possession of Messana, only six miles
offer distant from the shores of Italy, might dominate
to theCtl°n a^ Sicily and become dangerous to themselves,
enemies of On the other hand, they were ashamed to aid
the murderous and perfidious Mamertines against
their own ally Hieron who had recently helped them to
destroy the Jubellians. Being in doubt they referred the
matter to the centuriate assembly, which was by custom the
proper body to decide any question of peace and war on
1 Smith, Diet. Biogr., article 'Hieron II.,' from Zonarafc, 8. 6.
chap, xiv.] PUNIC WAR 221
which the senate was in doubt: the centuries voted that
help should be given to the Mamertines.1
Not long afterwards the Mamertines declined protection
from the Romans, and took it from the Carthaginians
instead : the Romans decided to oppose the „, j. .
11 First Punic
Carthaginians by force. Thus began the first war and its
Punic war which did not end till 241, twenty results'
four years later. Hieron in the second year of the war saw
that it was wise to make friends of the Romans while they
valued his friendship : and from that time the combatants
were on the one side the Carthaginians, on the other the
Romans and Hieron. At the close of the war the Romans,
being victorious, took into their own possession that part
of Sicily which had been subject to Carthage, and thus
acquired their first dependency outside of Italy. The
soldiers whom the Carthaginians had employed during
their twenty four years of war against the Romans were
nearly all foreign mercenaries drawn from many lands.
Those of them who were in service when the war ended,
being defrauded by the Carthaginians of their wages, tried
on returning to Africa to extort what was due to them and
much more besides by mutiny. During the hideous war
which ensued between the Carthaginians and the revolted
mercenary troops, the Romans took the opportunity of
robbing the Carthaginians of the islands of Sardinia and
Corsica : in 227 they constituted that western part of Sicily
which they had conquered from the Carthaginians as the
province of Sicily, and at the same time established a
province of Sardinia which included both Sardinia and
Corsica. Appian, writing somewhere about 120-140 a.d.,
tells us that in the part of Sicily which they had acquired
they levied direct tribute from the inhabitants, and required
the cities to make a payment under the head of customs on
1 Polybiue, 1. 10 and 11.
222 ITALY [chap. xiv.
maritime trade.1 The practice of exacting tribute from
dependencies outside of Italy, which was now first initiated,
afterwards proved deadly to the welfare of the Romans:
but so long as Sicily and Sardinia were the only Roman
provinces beyond the seas the receipts from them were
not large enough to change the character of the Roman
commonwealth or its government.
At the end of the first Punic war Hamilcar, surnamed
Barca, the Thunderbolt, an excellent Carthaginian general
and statesman, devoted himself and his young
son Hannibal to the task of avenging the wrongs
done to his country by the Romans, and for that purpose
established himself in power in the south of Spain. He
did not live to carry out the work that he had set himself
to do : but after his death his son-in-law Hasdrubal and
his son Hannibal continued what he had begun, and in 218
Hannibal invaded Italy.2
The Romans in 218 were far stronger than they had been
immediately after they completed the conquest of Italy.
Condition of ^ne territor7 thickly peopled with Roman
Italy, citizens now included not only the triangle with
218 B.C. .
its corners in southern Etruria, in the north of
the Sabine land and in Campania, which had all been
Roman for half a century,3 and which was most properly
Ramanus ager, but also a large block in Picenum on the
Adriatic Sea which had in 232 been distributed to Roman
settlers: their more scattered settlements were five mari-
time colonies at a distance from Rome,4 and many groups
of Roman farmers in all parts of Italy who had chanced to
acquire plots of ground. The Roman community that took
part in government was necessarily limited to those citizens
1 Marquardt, Staatsvw., 1. 92, n. 1, from Appian, Sic, 2.
2 Polybius, 2. 21. s See p. 212.
* Sena Gallica, Castrum Novum in Picenum, Aesium, Alsium, and
Fregenae. — Marquardt, Staatsvw., 1. 38,
chap, xiv.] IN 218 B.C. 223
who lived in Rome or immediately around it : for military
purposes the Roman community included all Romans fit
for service, wherever they might have their domicile.
Those Romans who lived far from the city and only gave
their services in war did not resent their practical exclusion
from a share in the work of government, because the
Romans who lived in and around Rome were for the most
part thrifty and valiant landowners like themselves, and
gave such votes as they approved. All the inhabitants of
Italy other than the Roman citizens were either Latins or
Italians. The Latin communities were thirty flourishing
colonies established in important strategic positions in the
inland parts of Italy,1 and a few decadent towns in Latium :
the colonies had been treated with tender care by the
Romans, and well knew that they could not retain their
present wellbeing except under Roman protection.2 The
Italians furnished their contingents of troops under com-
pulsion, and without any feelings of affection for the Romans
who exacted them.
The war against Hannibal was waged in Italy, Spain, and
Sicily. In Italy as soon as Hannibal advanced from north
to south through the country the Italian com- Th
munities went over to him except in a few regions against
where the Roman armies were stronger than their It!|jLm a in
opponents. The war was decided in favour of 218 b.c-
201 B C
the Romans mainly by the resolute fidelity of
the Latin colonies to their cause. After the terrible defeat
of the Roman armies at Cannae not one of the thirty colonies
could be induced to join Hannibal, or even to cease fighting
for Rome.3 In the whole course of the exhausting war
against the invader only twelve of the weaker colonies in
209 declared themselves unable to furnish more troops ; the
1 Livy, 27. 9 gives a list of the Latin colonies.
2 See p. 213. s Livy, 23. 12.
224 ROMAN [chap. xiv.
remaining eighteen fought to the end with the same
determination as the Romans themselves.1
In Spain the Romans kept an army posted usually about
the valley of the Ebro for the purpose of preventing or im-
_. . peding communications between Hannibal in
The war in r °
Spain and Italy and his base of operations about Carthago
1C y" Nova, situated nearly midway between the Ebro
and the straits of Gades : they could not for the present
think of making any permanent annexation of Spanish
territory. Sicily remained free from warlike operations
for two years after Hannibal crossed the Alps into Italy.
During those two years the Romans held the western part
of Sicily as a province : the rest of the island belonged to
the Mamertines of Messana or to Hieron of Syracuse, and
both the Mamertines and Hieron were allies of the Romans.
But on the death of Hieron in 216, his grandson who
succeeded him adopted a new line of policy and made
alliance with the Carthaginians. The Romans in 215 de-
clared war against the Syracusans, and by 210 they had
annexed all the dominions that had belonged to Hieron.
Those dominions contained thirty six towns. Two of these
towns, Tauromenium and Neetum, were specially favoured
by being received as allies on the same terms as the
Mamertines and the Italians, subject only to an obligation
to furnish troops when required : the remaining thirty four
towns were incorporated in the existing province of Sicily,
and were ordered to pay to the Romans the same tithes of
their produce as they had been accustomed to render to
Hieron.2 When these arrangements were completed all Sicily
was Roman provincial territory except the three towns of
Messana, Tauromenium, and Neetum, which were counted
1 Livy 27. 9 and 10.
2 Marquardt, Staatsvw., 1. 93, n. 8, from Cicero, in Verrem. Act. 3. 43,
109, and following chapters.
chap, xiv.] CONSTITUTION, 264 B.C.-201 B.C. 225
as allies and were permitted to govern themselves, provided
that they duly furnished their contingents to the Romans.
Before the Romans completed the conquest of Italy they
had put an end to the contest between the orders: and accord-
ingly the Roman government was conducted
from 264 B.C. till 201 B.C., when the war against constitution,
Hannibal came to an end, in greater harmony ^4 B.C.-
than at any other period in the history of the
republic. The organs of the government were (1) the magis-
trates ; (2) the senate ; (3) the assemblies of the burgesses.
Of these three the senate was decidedly the most influential.
The magistrates had now become numerous; it is not
necessary to specify in detail the work done by each of
them, since all the magistrates, including the (X) Mag-is-
tribunes of the plebs,1 now consulted the senate trates-
before taking any important step, and therefore conflicts did
not arise between them. The command of armies or fleets
belonged to the chief curule magistrates, to consuls, praetors,
and occasionally a dictator : judicial work was superintended
by the praetors : a general watchfulness over all departments
of government was exercised by the tribunes. Two new
titles of magistrates were brought into common use during
this period by the exigencies of long wars. It often
happened that a consul or a praetor in command of an army
came to the end of the year for which he had been elected
before he had completed the military work on which he
was employed. In such cases the senate prolonged his
imperium, and he continued to command his army, but now
bore the title of proconsul or propraetor, since he was
deemed to be the deputy of the man who had been chosen
to succeed him as consul or praetor.
1 Livy, 22. 61. 8, gives an instance in the year 216 B.C. in which a tribune
consulted the senate. For comments on the power of the tribunes to ask
advice of the senate, see Mommsen, Staatsr., 2. 296, in edition of 1874
P
226 SENATE [chap. xiv.
The senate consisted of all men who had been placed in
the list of senators by the censors : when once a man had
u* become a senator he remained a senator for life,
(2) The
senate: unless he were removed by the censors for
composition. especially disgraceful conduct. Till 216 B.C. the
censors were under no restrictions in their choice of senators,
but naturally they chose men who had distinguished them-
selves as magistrates. In the year 216 B.C., when more than
half the senators had been killed at the battle of Cannae, it
was necessary to follow some rule in filling up the vacancies :
and M. Fabius Buteo being appointed dictator for the
purpose, admitted into the senate all those who had held
any magistracy,1 curule or non-curule, since the last census,
and all those who had been awarded special distinction for
signal deeds of military virtue. The precedent that he set
was regularly followed by the censors on subsequent
occasions.
The powers of the senate may be expressed by saying that
from being the adviser of the magistrates it had become
The senate: their controller. It had for generations been
powers. consulted on the expenditure of any large sum
of money, on the undertaking of campaigns, and on the
assignment of military commands to magistrates. Now it
gave its opinion on all these subjects and on many more ;
and its opinion was followed. It possessed in consequence
the power of the purse and all that went with that power.
It settled what campaigns should be undertaken, what
magistrate should be in command, and what troops should
be under him : it could prolong the command of a magis-
trate after the end of his year of office, and on the comple-
tion of his war could give or withhold the honour of a
1 The magistracies included the offices of consul, prtetor, aedile, tribune
of the plebs, but not of quaestor or legionary tribune. Men who had been
dictators or censors would not need to be considered by Fabius Buteo,
because it was certain they would be senators already.
chap, xiv.] COMITIA CENTURIATA 227
triumph. It received all ambassadors from foreign states,
resolved what treaties should be made, and thus controlled
the whole foreign policy of Rome.1
The assemblies of the people were the comitia centuriata,
the comitia tributa, and the concilium plebis. The only
habitual attendants in any of these assemblies M
* t m The assem-
were those Roman citizens who lived either in bliesofthe
Rome or so near to it that they could come to people-
vote without being long absent from their daily occupa-
tions.
In the comitia centuriata the number of centuries was, as
we have seen, a hundred and ninety three under the rules
in force till 264 and later. The first class of comitia
infantry had eighty centuries, the next three centunata-
classes had twenty each, and the fifth had thirty. Before
the year 215 the numbers of centuries in the several classes
had been slightly altered, in order to provide that for the
sake of simplicity all the fighting men in any given tribe
might be placed together in a moderate number of centuries.
There were thirty five tribes : all the men in any one tribe
whose property entitled them to be placed in the first class
were enrolled in two centuries, one of which contained all
the men under forty seven years of age, called the juniores,
the other being composed of seniores, men past the age for
service in the field. It is supposed, though not recorded,
that all the men in any one tribe whose property came up
to the standard of the second class were also enrolled in one
century of juniores and in one of seniores, and in like
manner the men of the third, fourth, and fifth classes. If
the supposition is correct, all the fighting men of one tribe
were placed in ten centuries. The men of one tribe in the
first class filled two entire centuries, and controlled two
votes in the comitia centuriata : the men of one tribe in the
1 Polybius, 6. 13, 15 and 17.
228 COMITIA TRIBUTA [chap. xiv.
lower classes certainly did not fill whole centuries, but at
most only about a third part of two centuries of each class :
for we know that the total number of centuries still
remained fixed at a hundred and ninety three.1 Under the
new arrangement the centuries in the first class were
eighteen of cavalry, one of smiths and carpenters, and only
seventy (no longer eighty) of infantry. The new organisa-
tion of the centuriate assembly appears conspicuously in its
meeting held in 215 B.C. for the election of consuls : on that
occasion the century that gave its vote first consisted of
the juniores of the tribe Aniensis.2 The business of the
assembly of centuries consisted mainly in elections of the
greater curule officers : on rare occasions it also included a
vote on a question of peace or war. It was still qualified to
pass laws, but legislation was seldom proposed to it by the
great curule magistrates who were its presidents.
The comitia tributa was a gathering of the whole body
of Roman citizens, patricians and plebeians alike, arranged
Comitia in thirty five local tribes. Till 312 B.C. none but
tnbuta. landowners had been tribesmen. In that year
the censor Appius Claudius admitted landless men to all
the tribes indiscriminately, wishing probably that the votes
of a large number of tribes might be determined by men
who would not resist corrupt influences: but eight years
later in 304 B.C. another censor, Q. Fabius Rullianus, to the
satisfaction of the more independent citizens, placed all the
landless men in the four urban tribes, so that henceforth
they could influence only something less than an eighth
part of the votes.8 In its composition and arrangement the
comitia tributa differed from the concilium plebis only in
that it included the small body of the patricians, for whom
1 Cicero, de Rep., 2. 22 (39), tells us that in his time there were a hundred
and ninety three centuries in all, and the infantry of the first class was all
nlaced in seventy centuries.
■ Livy, 24. 7. 2 and 24. 8. 20. 8 Livy, 9. 46.
chap, xiv.] CONCILIUM PLEBIS 229
there was of course no place in the concilium plebis.
Hence it has come about that Livy, and perhaps some other
ancient writers, and certainly many modern critics, have
made no clear distinction between the comitia tributa and
the concilium plebis. Mommsen, however, has proved that
in the comitia tributa the presiding officer was a curule
magistrate, whereas in the concilium plebis the president was
a tribune.1 In the period now before us the business regularly
carried on in the comitia tributa was the election of the
curule sediles, quaestors, and the greater part of the field
officers called tribuni militum, of whom there were six to
every legion.2
The concilium plebis was in its composition what it had
been long ago, but for the facts that the tribes were now
thirty five, and that landless plebeians had ob- concilium
tained admission to the four urban tribes : but Plebls-
the importance of its work had greatly increased since the
Lex Hortensia had given it power to make laws binding on
all Roman citizens, and it was now the only active legislative
assembly in the Roman state. The extended powers which
it enjoyed did not seduce it into hasty legislation, because
the landowners who composed thirty one tribes were cautious,
and because the tribunes, who alone could propose a rogatio
for its acceptance, never brought one forward till they had
ascertained that the senate thought it could be passed
without imprudence.
In the Roman constitution during the sixty years after
•the conquest of Italy was achieved, the senate was habitually
the controlling body, because in Rome during the early
1 The clearest evidence comes from a passage in Fronto, de aquce ductibus,
129, which quotes verbatim a law passed in 9 B.C. in the comitia tributa
under the presidency of a consul. On the comitia tributa generally, see
Mommsen, Staatsr., 3. 322, ed. of 1887.
2 Smith, Diet. Antiq., 1. 5096. Mommsen, Staatsr., 2. 540, 541 n. 5, in
ed. of 1874.
230 COMMENTS OX [chap. xiv.
part of its career foreign policy took precedence of home
affairs more conspicuously than in any other state at a
Comments like stage of progress, and the senate was ex-
on the con- tremely well qualified to deal with foreign policy.
stitution, _, . , ,
264 B.C.- -DUt the senate was by no means a supreme ruler
201 B.C. 0f the state governing in its own right, like the
senate of the Venetian republic in the thirteenth century.
The right to sit in the senate was not hereditary, and was
not conferred by the existing senators, but by the censors,
who in choosing new senators usually took men who had
been elected as magistrates by one of the three popular
assemblies: thus the composition of the senate depended
indirectly on the results of popular elections. Moreover,
the powers of the senate could, as Polybius has pointed out,
be annihilated at pleasure by the concilium plebis : if the
plebs had chanced to be dissatisfied with the actions of the
senate, it was free to choose tribunes who shared its
opinions, and any one of those tribunes could not only stop
the senate from passing a senatus consultum, but could
prohibit the senators from coming together : x thus in the
last resort the master of the Roman state was not the
senate but the concilium plebis. In practice the popular
assembly did not use the power which it undoubtedly
possessed of interfering with the doings of the senate or
the magistrates; the three organs of the government,
magistrates, senate, and popular assemblies, acted together
separately but harmoniously in their proper spheres of
business, and Rome during the period before us presents us
with a conspicuous example of a mixed or balanced con-
stitution in which all those members of the community
who lived in or near Rome enjoyed such powers and
undertook such duties as were suited to their several
capacities.
1 Polybius, 6. 16.
chap, xiv.] THE CONSTITUTION 231
During the long wars in which the Romans had been
engaged new social distinctions had arisen and had established
a new gradation of classes. The generals who
t . r Social classes
had led the armies of the republic to their in the Roman
many victories had been curule magistrates, ^"^h?"
and in recognition of their services some marks curule
of honour had been given to their families.
Their descendants in the male lines were permitted to keep
waxen masks of their curule ancestors, and at funerals to
appoint men to wear these masks and to personate the men
from whom they were taken ; boys descended from a curule
ancestor wore a golden amulet case called bulla, such as
was worn by a victorious general in his triumphal proces-
sion : the men wore gold rings.1 In the days when curule
magistracies were open to none but patricians, the men
who attained to curule rank were drawn for the most part
from a small number out of the many patrician gentes.2 It
was supposed that there were three hundred patrician
gentes; but the curule magistrates before 367 were taken
mainly from only a small fraction of them, in which the
gentes Valeria, Horatia, Postumia, Fabia, Manlia were con-
spicuous. In like manner, after the consulship had been
made accessible to the plebeians by the Licinian Laws,
consuls, praetors, and curule sediles were selected in a large
proportion of the years from about twenty five gentes, fifteen
of them being patrician and eight or ten plebeian.3 In
201 B.C. there may have been nearly a hundred families
descended from curule magistrates, since one of the
favoured twenty five gentes would provide more than one
such family, as the Gens Fabia produced the Maximi, the
Buteones, and the Rulliani, and several of the less favoured
1 Mommsen, Hist. , 2. 316 n.
2 A gens ^ as a group of families having a common gentile name.
3 Mommsen, Hist., 2. 325 n.
232 SOCIAL [chap. xiy.
gentes had at least one such family. These families, which
were called curule, did not gain by law any political
advantage over the rest of the citizens: but practically a
member of a curule family had a jbetter chance than a
man of undistinguished birth of being elected to a
magistracy by the centuriate assembly. Thus the curule
families had established themselves as a new nobility
exalted above those patricians who had no curule ancestors,
and still more above those plebeians whose families had
never held the highest magistracies.
Among the curule families themselves no strongly marked
inequality was perceptible. A Licinius Varus or a Licinius
Crassus Dives, belonging to the same plebeian
equality of gens which had produced Licinius Stolo, the
the cumie author of the Licinian Laws, stood almost on
families.
a par with the patrician Fabii and Manlii and
Cornelii; the distinction of curule rank had almost obliterated
the memory of bygone differences between its patrician
and its plebeian possessors. The eminent position enjoyed
by the curule families was as yet only a social distinction,
but the time might come when it would convert them into
an order endowed with exclusive political privileges.
Next after the curule families who formed the nobility
came those senators who were not of curule family. After
them came the equites, men possessing not less
than 400,000 sesterces (£4000), and enrolled in
the cavalry. Polybius says definitely that all men who had
the equester census of 400,000 sesterces were required to be
enrolled for ten years.1 Eighteen hundred of them, usually
chosen from the younger members of curule families,2
were enrolled in the eighteen equestrian centuries and
received their horses from the magistrates at the expense
of the treasury. The rest must have provided horses for
1 Polybitu, 6. 1. 2. 2 Mommsen, Hist., 2. 319.
chap, xiv.] CLASSES 233
themselves: but already by the year 201 B.C. the equites
were more like an ornamental order of knights than an
effective part of the army : during the war against Hannibal
the Romans drew their supplies of good horsemen not from
the burgesses but from the allies.
The curule families, the senators, and the equites were
the upper classes ; the rest of the Roman community formed
the middle class and the poor. The middle class
, • i /• i t mt Yeomen,
consisted mainly of those sturdy yeomen, tilling
their freehold farms, who furnished the burgess infantry, and
were placed by the censors in the first four classes of the
footmen. Before the invasion of Hannibal the yeomen were
numerous and prosperous ; but the invasion greatly reduced
their numbers and damaged their well-being : some of them
had their farms ruined by the invader, and many had to
neglect their fields because all the men were wanted for the
army. By the end of Jthe war a great part of the yeomen
had lost their places in the middle class and had sunk into
the class below.
The poor lived in and around Rome. Their numbers
must have been greatly augmented before 312 by manu-
missions of slaves, since in 312 and in 306 it was
» , . , The poor.
a matter of the utmost importance to settle
whether the landless men, who were largely manumitted
slaves or descendants of manumitted slaves, should be
placed in all the tribes indiscriminately or only in the four
urban tribes;1 and again during the Hannibalic war the
numbers of the poor were increased by the ruin of the
farmers in outlying parts of Italy. It is manifest that the
poor were not all alike in character. Those poor citizens
whose families had never possessed any land were ready to
give their votes as they were bidden by the rich : those who
had till recently been landowning farmers retained the
1 See p. 228.
234 ADMINISTRATION OF [chap. xiv.
habit of thinking for themselves and of expressing their
opinions in their votes. It could not, however, be expected
that in the next generation the children of the ruined
farmers would be independent in thought and action merely
because their fathers had once enjoyed an economic in-
dependence which they themselves had never experienced.
The Romans, as we have seen, did not govern the Latin
colonies or the Italian towns any more than the Athenians
Administra- governed the cities dependent on them. But as
tion of justice tlie Athenians had found it necessary to judge
between J .
members of suits about property that arose between citizens
communities °^ different cities, the Romans also found it to be
in Italy. incumbent on them to do the same thing. Even
in the period before 338, when the Latins were independent,
it was quite conceivable that a dispute about property might
arise between a Roman and a Latin : for the right of com-
mercium existed between Rome and the Latin towns, so
that a Roman could buy a piece of land or other property
from a Latin. When a dispute about property arose in
the days of the independence of the Latins, it would be
decided by the court in whose jurisdiction the property
lay : if the property lay in Rome by a Roman court, if in
Latin territory by a Latin court. But as soon as the Latin
towns lost their independence, every dispute between a
Roman and a Latin, or between members of two Latin
vassal towns, must be judged in a Roman court, since none
but Roman officials had the power to enforce the execution
of the decision arrived at. In 338 the superintendence of
all jurisdiction about property was in the hands of a single
praetor, who, as the cases arose, appointed arbitrators, and
told the arbitrators what question they had to decide. Even
after the Romans conquered all Italy the superintendence
of all jurisdiction was still lodged in the hands of the single
praetor.
chap, xiv.] JUSTICE 235
But within twenty years after the conquest of Italy was
completed, the supervision of the judicature was too much
work for one man. In 246 the Romans resolved prxt0T qui
to have two praetors : one was prcetor urbanus Jus jnter Per"
egrinos
and attended to suits in which both litigants dicit: 246
were Romans : the other had the jurisdictio B,c*
inter peregrinos, and arranged for the hearing of suits in
which one or both of the litigants was Italian or Latin.1 For
the settlement of such suits the praetors could not be guided
by the Roman civil law founded on the twelve tables of the
Decemviri, because that law recognised rights which the
Romans did not intend to bestow on the Latins and
the Italians. It was impossible to assign to each litigant
the rights that he would have under the law of his own
town, since that procedure would give one result when the
rights of the plaintiff were determined by the law of his
town, and possibly a very different result when the rights
of the defendant were determined by the law of his. Hence
the praetors had to adopt some other course. They picked
out to begin with a few principles or maxims common to
the systems of law prevailing in a good number of Latin
and Italian communities, and when a praetor on beginning
his year of office put out an edict or announcement of his
intentions, he declared that he would be guided by those
principles or maxims in dealing with litigations. In order
to pick out maxims for insertion in the edict the praetor
was compelled to study many systems of law : and the
practice of studying systems of law not made in Rome
contributed largely towards making the Roman lawyers
what they afterwards became — the greatest masters of
jurisprudence whom the world has seen. How far the
process of studying bodies of law not made in Rome was
carried in the period now before us I cannot say, nor do I
1 Digest, I. 2. 2. 28.
236 POLITICAL ORGANISATION [chap. xiv.
know what progress was then made in fashioning the edicts
of the praetors into a body of laws suitable for application to
all suits about property that could arise in Italy : but there
is no doubt that even in that early period the Latins and
the Italians respected the Romans for the justice of the laws
which they used in suits in which a Latin or Italian were
involved, and for the care which they bestowed on the
management of judicature.
Until the time of the war against Hannibal, Italy was kept
in a very fair degree of prosperity and welfare under the
Comments suzerainty of those Roman citizens who lived in
on the and around Rome. The prosperity and tolerable
political .
organisation contentment of the Romans at a distance from
of Italy. Rome, and of the Latins and of the Italians, was
in fact destroyed, as we shall shortly see, by the addition to
the Roman dominions of great provinces beyond the sea,
and by the flood of wealth which poured from the provinces
into Rome, but not into other parts of the peninsula. It is,
however, worth while to put the question whether, if Rome
had not acquired provinces at a distance, Italy could have
long continued to be governed in moderate happiness under
the absolute supremacy of those Roman citizens who lived
in Rome or near at hand. It seems possible that if Italy
had lain stagnant in unbroken peace towards the outer
world no alteration in the existing political conditions
would have been required ; but, as soon as the Italian
peninsula had to resist a foreign foe, the outlying Romans
and the Latins and the Italians would have demanded and
obtained some convenient means of expressing their opinions
about policy and the conduct of the war, and the distribution
of the burdens of war among different classes and localities
in the peninsula. The only convenient means by which the
inhabitants of a large country like Italy can express their
opinions are either the election of men to meet as repre-
chap, xiv.] OF ITALY 237
sentatives in a single sovereign assembly, or else the union
of all parts of the country in a federation of equal states.
There were no equal states in Italy, and therefore federation
would be useless as a means of contenting those parts of
the peninsula which lay remote from Home ; no expedient
remained except some kind of representative government
exercised in a single sovereign assembly. Representative
government would probably have given contentment and
internal peace to Italy ; but it would have destroyed the
supremacy of those Romans who lived in or around Rome.
CHAPTER XV
ROME, ITALY, AND THE PROVINCES, 201 B.C.-46 B.C.
When the Romans had in 201 B.C. frustrated Hannibal's
attempt to conquer Italy, they thought it necessary, with a
view of making similar attempts impossible for the future,
to undertake some permanent responsibilities in Africa and
Spain: and about the same time, desiring to check the
ambition of Philip the Fifth of Macedonia, who had for
a while been in alliance with Hannibal, they made an
intervention in the lands that lie around the eastern part
of the Mediterranean Sea. From these beginnings they
were gradually led on to the acquisition of large depend-
encies, which in 46 B.C. included the whole civilised world.
From 201 to 46 their fortunes were determined for the most
part by their relations to their dependencies and to foreign
peoples : and accordingly their history during that interval
of a century and a half may be divided into periods which
are here set forth.
Period i. Acquisition of distant dependencies, 201 b.c-
133 b.c.
Period el Dissensions among classes of the Romans
about the spoils of the dependencies, 133 B.C. -106 b.c.
Period hi. War for the defence of Italy and creation of a
great mercenary army, 106 B.c-91 B.C.
Period iv. Revolt of the Italian allies, 91 b.c-89 b.c.
Period v. Predominance of armies and generals, 88 b.c-
46 b.c.
238
chap, xv.] DEPENDENCIES 239
PERIOD I. ACQUISITION OF DEPENDENCIES, 201 B.C.-133 B.C.
The period from 201 B.C. to 133 B.C. in which the Romans
acquired their first large group of dependencies is itself
divided into two parts :
(1). Acquisition of protectorates, 201 b.c-146 b.c
(2). Acquisition of territories, 146 B.c-133 B.C.
When the Romans had in 201 decisively defeated
Hannibal at Zama in Africa, they took precautions against
future attack from the side of Carthage. They ^ Acquisi-
did not think it necessary to demand any tionof
Dt"otcctor3.tcs
territory for themselves in Africa, but they 20I b.c.-
promised their protection to Massinissa, King *46 BC-
i. i xr • -,. i c i Precautions
oi the Numidians, a resolute enemy ol the against
Carthaginians, and with the intention of render- Cartha&e.
ing Carthage innocuous permitted him to worry the
Carthaginians as much as he chose. The Spanish penin-
sula had served as an excellent base of operations for
Hamilcar Barca and Hannibal, and might yet be used for
the like purpose by some one like them. Therefore the
Romans did not in 201 withdraw their armies from
Spain : and in 197, thinking that they ought for their
security to make a permanent occupation of the country,
they acted as if southern Spain were already their property
by sending two prsetors to act as its governors. From that
time the territory which they pretended to have annexed
was deemed to be formed into the two provinces of Hither
Spain and Further Spain:1 but for sixty six years till
133 b.c. it was the scene of incessant wars against the
native tribes, and must have cost the Romans far more for
the maintenance of armies than it rendered in tribute.
From Carthage the Romans turned their attention to the
east. In the seas of Greece and Asia Philip the Fifth, King
1 Marquardt, Staatsvw., 1. 100, 101,
240 PROTECTORATES [chat, xv.
of Macedonia, was employed from about 205 onwards in
mercilessly pillaging the cities of Asia Minor and the
Precautions Cyclades, with which the Romans desired to
against trade at ease. The Romans in 200, seeing that
Philip would be dangerous to them unless he
were checked, intervened on behalf of the cities. When
after four years of arduous war they had in 197 defeated
Philip at Cynoscephalse in Thessaly, they declared that all
the Hellenic states on the European mainland should be
free — that is to say, should own no protector other than
Rome. By this action they offended Antiochus, King of
Asia, who had hoped to make conquests in Europe: and
twenty six years later their position as sole protectors of the
Hellenic states of Europe was also resented by Perseus, son
of Philip. In 191 they were attacked by Antiochus, and in
171 by Perseus. They defeated Antiochus in two years and
Perseus in four. From 168, when they vanquished Perseus
at Pydna in Macedonia, they were free for twenty two years
till 146 from all wars except those which they had to wage
incessantly against Spanish tribesmen.
The Romans during their wars from 200 to 168, though
they won three very conspicuous victories — over Philip at
Prot ct r t Cynoscephalse, over Antiochus at Magnesia near
2oo B.C.- Smyrna, and over Perseus at Pydna, took no
fresh territory, and were reluctant to take states
under their protection : but the states which they delivered
from foreign masters could not stand alone, and it was
absolutely necessary to ensure that no new conquerors
should get possession of them. Hence the Romans were
compelled to act as their protectors, and the period from
200 to 146 is marked out in Roman history as the age of
protectorates under Roman suzerainty. At the end of the
period in 146 the states under Roman protection were
Numidia, all the Greek states in Europe, Macedonia, and
chap, xv.] NEW CONDITIONS 241
the greater part of Asia Minor. The provinces at the same
date were Sicily, Sardinia, and the two Spains. None of the
protected states except Macedonia paid any tribute, and that
country paid only a hundred talents (£24,400) annually. Of
the provinces Sardinia and the two Spains were unpro-
ductive, and Sicily was the only land outside of Italy that
sent a steady revenue to the Roman treasury.
Distant campaigns, distant protectorates, and the un-
assailable strength of Rome brought new features into
Roman public life and into the economic
condition of Italy. Commanders of armies in conditions
distant lands were unavoidably free from the distanf wars
control of the senate as long as their command 200 b.c-
lasted : when they came home there was till 149
no regular process by which their conduct could be brought
under examination in a court of law, and no means of
punishing them if they had behaved badly except a special
legislative enactment of pains and penalties passed in an
assembly on the proposal of a tribune and resembling what
we call an attainder, or else the institution by the senate
of a special commission of inquiry.1 For reasons that
will appear shortly, neither of these methods of procedure
was likely to inflict retribution for wrong-doing. Some few
commanders, as T. Flamininus and ^Emilius Paullus, used
their independence honestly : a greater number, as Lucullus
and Galba in Spain in 151 and 150, took it as offering an
opportunity for extortion, perfidy, cruelty, and massacre.
The lesser officers in armies far away also got a share of
dishonest gain : the common soldiers got such share of the
plunder as their general thought it necessary to allow them.
Contractors and ordinary traders, who belonged generally to
the equites, got large legitimate profit from finding the
1 Smith, Diet. Ant., third edition. Repetnndce, 1. 542a, Judex, Judicium,
2. 1027a.
242 CLASSES [chap. xv.
commissariat of armies, from undertaking public works,
and from importing foreign produce : the chief commodities
brought into Italy were corn from Sicily and slaves from the
yEgean Sea and Asia Minor. Lastly, one fact did more than
all the rest towards producing about 170 a Roman com-
munity very different in habits of thought from the Roman
community which had resisted Hannibal. After the death
of Hannibal, which occurred about 183, Rome was so strong
that it feared no enemy in the world : consequently Roman
citizens almost universally felt that henceforth they could
without danger engage in a scramble for the wealth that
flowed in from foreign lands, and might safely regard
patriotic conduct as a superfluous display of virtue.
The new conditions introduced by wars and victories
beyond the seas affected all classes in the Roman common-
Ruin of the wealth : their effect on the yeomen was quickly
Roman conspicuous. We have already noticed that
during the war against Hannibal a great part
of the sturdy farmers, who had formerly been the pith and
marrow of the plebeian order, had lost their freehold farms
and had come to swell the urban proletariate of Rome.
When the war was ended large quantities of land were taken
from those Italian communities which had transferred their
allegiance from Rome to Hannibal; these lands were dis-
tributed among the soldiers and perhaps some other poor
citizens, and thus founded a new body of yeomen farmers,
probably as numerous as those who had been dispossessed.
But the business of a small farmer was no longer profitable.
Corn raised by slave labour was imported in great quantities
from Sicily immediately after Hannibal had been defeated.
Soon afterwards the great landowners in Italy imported
slaves from abroad to till their estates: for already before
133 B.C. Tiberius Gracchus saw with sorrow that Italy was
full of barbaric prison houses— the ergastula, or guarded
chap, xv.] IN EOME 243
barracks in which the slaves were locked up at night when
they could not labour in the fields.1 Thus both from Sicily
and from Italy came slave grown produce into all the Italian
markets : it was cheaper than the produce of the labour of
freemen, because slaves could be oppressed and worked to
death as freemen could not. It followed that the small
farmer who employed the labour only of himself and his
sons was undersold, and could not dispose of his produce at
a remunerative price. The farmers therefore sold their
farms to rich men, and the number of small landholders
among the citizens was steadily diminished. In the country
for fifty miles around Rome it is likely that land was
especially attractive to the rich, and that in that district
the yeomen farmers were reduced to an insignificant
remnant.
In consequence of the depletion of the ranks of the
yeomen the only important classes among those Roman
citizens, who lived in Rome or so near to it that
they could take part in government, were the old Roman com.
curule families, the equites, and the poor. The munity, 200
decision of political questions rested during the (1) The curule
period from 200 to 146 nominally with the curule kraii!es-
. . ... (2) Tfae poor.
families and the poor, but in reality with the curule
families alone. A great part of the votes in the centuriate
assembly and in the concilium plebis were given by the poor,
or by men who could be influenced by the prospect of gain.
Money, or the prospect of it, could be offered either by the
men of the old curule families or by the equites ; but the
equites did not yet take much part in political matters, and
the control of the popular assemblies was left to the old
curule families. They were able almost always to ensure
that the curule magistrates should be chosen from their
own class, and the tribunes should be men of whom they
1 Plutarch, Tiberius, 8.
244 CUKULE FAMILIES [chap. xv.
approved. If a man not of curule family sought election
to a curule magistracy they called him novus homo, an
upstart, and were usually able to turn the votes against
him : the most distinguished among the few novi homines
elected in this period, Cato the Elder, only gained his
consulship in 195 because his candidature was supported
by L. Valerius Flaccus, a member of one of the very highest
curule families.1 As the old curule families controlled the
elections they also settled the composition of the senate and
the nomination of generals for command in distant war.
All men who had been magistrates, in accordance with the
rule laid down by M. Fabius Buteo in 216, entered the senate
as a matter of course, and filled more than half the seats
in it: the remainder of the seats were filled up at the
discretion of the censors who were themselves elected
in assemblies managed by the curule families. The
commanders in foreign wars were appointed by the senate
from among the curule magistrates, or from men whose
curule magistracies had just expired; it followed as a
matter of course that most of the commanders belonged to
the old curule families. While they held their commands
they could act without fear of consequences, since neither a
tribune nor the senate was likely to call them to account.
The equites, as we can see from a passage in Livy, still up
to 180 B.C. comprised all those men with property above
400,000 sesterces (£4000) whom the censors
chose to require to enroll themselves in the
cavalry:2 and it is not likely that till after 146 any change
in the definition of an eques had taken place. The equites
were still a branch of the army and not a political order :
they had to produce a horse before the censors, and no man
was enrolled in the equites till the censor had uttered the
words traduc eqtcum, ' lead on your horse.' Some few of them
1 Plutarch, Cato Major, 3. 2 Livy, 39. 19. 4.
chap, xv.] EQUITES 245
saw actual service, but Mommsen thinks these were probably
only such as desired to become officers: the rest perhaps
had no military duties beyond riding in the transvectio
equitum every fifteenth of July when the knights rode in
procession .from the temple of Mars without the walls to the
temple of the Dioscuri in the forum.1 The greater part
of the equites were capitalists who only played at being
cavalry soldiers, and who did not gain any of the titles of
senator, sedile, tribune, or higher magistrate, which would
have eclipsed their title of equites as a peerage now eclipses
a baronetcy, although it would not cancel their right to
call themselves equites if they chose, so long as they were
enrolled among the cavalry.
The Latin and Italian allies habitually furnished the
greater part of the soldiers employed by the Romans in
wars which did not concern the allies ; their The Latin
contingents were employed in the most distaste- ^ Italian
ful services; and when their campaigns were 200 B.C. -
ended successfully they received far less rewards 146 B,c-
than those soldiers who were Roman citizens. Livy in his
narrative of the year 180 says that a consular army regularly
consisted of two legions (8400 men) of burgess infantry, the
burgess cavalry (600 men) attached to those two legions,
and 15,000 foot and 800 horse provided by the Latins:2 for
seven years other than 180 he gives almost precisely the
same numbers of allied foot and horse furnished for service
with an army of two legions.3 At the end of the war
against Hannibal the troops of the allies did not get, as the
citizen soldiers did, their discharge and usually a piece of
farm land, but twenty thousand of them were compelled to
continue their service in Cisalpine Gaul, Bruttii, Sicily and
Sardinia, all of them regions in which plunder would be
1 Smith, Diet. Antiq., 'Equites,' vol. 1, p. 755. 2 Livy, 40. 36. 6.
3 Marquardt, Staatsvw., 1. 383, n. 4, gives references to the passages.
246 ACQUISITION [chap. xv.
scanty.1 In the year 177, when M. Claudius Marcellus
celebrated a triumph for the subjugation of peoples in
Histria and Liguria, the Roman legionary soldiers received
fifteen denarii apiece and the soldiers of the allies only half
as much : in the triumphal procession the men of the allies
showed their discontent by joining in none of the shouts
of the Romans.2 Mommsen further states, from some
authority which I have not succeeded in finding, that when
lands were distributed in northern Italy the Roman citizens
received ten jugera apiece, the allies only three.3 All the
allies, both Latin and Italian, must have felt the oppression
of Roman suzerainty, because it compelled them to serve
in laborious wars from which all the gain went to the
Roman citizens. The Italians, however, were subject to
worse oppression than the Latins : for we learn that in the
year 177 the Samnites and Pelignians, who were Italian
allies, asked the Roman senate to reduce their contingents
of soldiers on the ground that four thousand of their
families had migrated to the Latin colony of Fregellse.4
This large migration proves that it was more uncomfortable
to live in an Italian allied state than in a Latin colony.
The Romans from 197 onwards found their protectorates
troublesome because the protected states, especially in
(2) Acquisi- Greece, persisted in making petty leagues for
tion of the purpose of fighting with one another, and in
146 B.C.- ' consequence the senate gradually formed the
133 B.C. opinion that provinces ruled by Roman officers
would be preferable to vassal peoples under native govern-
ments. From 146 the Romans acted on this opinion in
many instances : in that year, after wars conducted by Q.
Metellus and L. Mummius, they took Macedonia and Greece
1 Livy, 31. 8. 5-10. 2 Livy, 41. 13. 8.
3 Mommsen, Hist., 2. 333.
4 Ibid., 2. 332, from Livy, 41. 8. 8.
chap, xv.] OF TERRITORIES 247
under their own rule with the title of the province of
Macedonia. At the same time, yielding to the persistent
clamours of Cato and the desires of the Roman capitalists,
who disliked any rivals in commerce so successful as the
Carthaginians, they destroyed Carthage, killed most of its
seven hundred thousand inhabitants, and took its territory,
which had already been reduced to small dimensions, to
themselves as the province of Africa. In 133, when Scipio
^Emilianus captured the Spanish town of Numantia, they
were able to put an end to the long wars in the two Spains,
and to rule them as settled provinces. In the same year,
on the death of their ally Attalus the Third, King of
Pergainum, they received under his will his treasure and
his large territory : they kept the western part of his
kingdom as the province of Asia, and gave the rest to
princes and states under their protection. Thus in 133
the provincial territory owned by the Romans included
Sicily, Sardinia, the two Spains, Macedonia and Greece,
and parts of Africa and Asia.
PERIOD II. DISSENSIONS AMONG CLASSES ABOUT THE
SPOILS OF THE DEPENDENCIES, 133 B.C.-106 B.C.
The period from 133 to 106 was marked by disagreements
between classes at Rome in regard to the use to be made
of the plunder of the dependencies, which had
. . Summary,
hitherto been enjoyed almost exclusively by the
curule families. From 133 to 121 the dissensions were so
sharp as to lead to violent conflicts between mobs of armed
civilians and to many murders for political purposes : but
they stopped short of battles between armies. Through
the exertions of Tiberius and Gaius Gracchus between 133
and 121 arrangements were made which provided for a
moderately even division of the booty from the dependencies
among the classes of the citizens. After the death of Gaius
248 TIBERIUS [chap. xv.
Gracchus in 121 the curule families regained exclusive
control of Roman policy. They did not dare to meddle
with the distribution of the existing booty from the
dependencies : but they invented a new source of gain by
taking bribes from a foreign enemy of the Roman state.
The classes which suffered from their treason were dis-
contented and angry, and waited for an opportunity to
deprive them of their misused authority.
In 133 Tiberius Sempronius Gracchus, head of one of
the proudest of the curule families, after useful services
performed in the wars in Spain, began at thirty
Tiberius years of age to take part in Roman political life
Gracchus, His father, whose three names were the same as
133 B.C.
his own, had been twice consul and had also been
censor, and had been conspicuously honest in the adminis-
tration of Hither Spain ; his mother was Cornelia, daughter
of Scipio Africanus Major who had received the submission
of Hannibal. The young Tiberius derived his ideas of what
he ought to do partly from a Greek rhetorician and from a
Greek philosopher, and partly from what he saw with his
own eyes and learned from the complaints of the poor
citizens.1 He obtained his election as tribune of the plebs
in the summer of 134, and soon after entering on his office
on the tenth of December at the end of the same year, he
proposed and carried a law designed to found a fresh body
of Roman farmers as numerous as the farmers had been a
century earlier. The general effect of his law was that the
rich men, who had usurped public domain land beyond the
amount permitted by one of the Licinian Rogations of
367, should henceforth be allowed to keep only what that
Licinian Rogation allowed, and if they had sons an
additional amount for the sons: that all the rest of the
public domain land in their occupation should be restored
1 Plutarch, Tiberitis, 8, 9.
chap, xv.] GRACCHUS 249
to the Roman people, and should be distributed in lots of
thirty jugera (a little more than twenty acres), as heritable
but inalienable leasehold property partly to Roman citizens,
and partly to Italian allies : and that three commissioners
should in every year be elected by the people to superintend
the work of recovery of the land and its distribution.1
When the law was proposed by Tiberius, another tribune,
M. Octavius, interposed his veto. Tiberius, in most flagrant
violation of Roman practice, got his colleague
deposed by the assembled people, and the law proceedings
was passed: but when in the summer Tiberius an ea
sought to be elected as tribune for the following year, he
was again met with a veto by some of the tribunes, and
as the voters present were mainly the irresolute paupers of
the city and not sturdy farmers as of old, he had no means
of setting it aside. Soon afterwards a meeting of the
senate was held while Tiberius was present at a meeting
of the people close at hand: a mob of senators, led by
Scipio Nasica, and armed with clubs or with legs wrenched
from tables in the market place, rushed towards the Capitol
to attack Tiberius, and did not desist till they had killed
him and three hundred of his adherents.2
After the death of Tiberius the work of his commissioners
was carried on ; and it seems from comparison of the totals
of two census rolls that they gave away farms to .
more than seventy thousand citizens, and so Gracchus,
enabled them to be placed by the censors among I23'121 c-
the citizens capable of bearing arms. But shortly after-
wards the commissioners began to lay their hands on lands
belonging to the Latins: Scipio ^Emilianus, seeing the
impolicy of their action, induced the senate to decree that
1 Most of the provisions enacted by Tiberius are clearly stated by Appian
{Civ., 1. 9 and 10).
2 Plutarch, Tiberius, 19.
250 GAIUS [chap. xv.
in future the consuls and not the commissioners should
decide what was public domain land; and though he was
promptly murdered, his action put a stop to the distribution
of farms, since all the genuine domain land had been given
away. In 123 Gaius Gracchus, brother of Tiberius, but his
junior by ten years, sought and gained election as tribune.
He certainly intended to take vengeance on the curule
families, whom we may now call the Optimates, for the
death of his brother. Whether he can be regarded as a
continuer of his brother's work is much more doubtful.
Tiberius aided the poor citizens by restoring to them lands
to which they had an equitable claim, since their fathers
had won them in fight. All the favours which Gaius
showered on two classes among the citizens look like mere
bribes, intended to induce them to help him in his attack
on the Optimates ; and they were to be paid for the most
part either by the state treasury or by innocent and
oppressed inhabitants of provinces. His boons were given
to the proletariate and the equites, that is, practically, to all
the community except the Optimates.
The chief measures that Gaius proposed and carried were
these. To win the favour of the proletariate he enacted
that every citizen should on application in Rome
Measures » .
of Gaius be supplied every month with a fixed quantity
of corn at about half the ordinary price, and that
large colonies should be founded in Italy and at Carthage,
and be duly endowed with lands. To gain over the equites
he put them in a position which enabled them to plunder
provincial subjects of Rome at their ease. In Asia, the
latest and the richest of the provinces, the senate had
arranged that the communities should pay in every year a
fixed and moderate sum as tribute direct to Roman officers.
Gaius enacted, first, that the Asiatic provincials should pay
tithes from tilled land, a tax called scriptura from public
chap, xv.] GRACCHUS 251
pastures, and port dues, as the Sicilians did ; 1 secondly, that
the right to collect the Asiatic taxes and dues should be
sold by public auction in Rome, so that the companies of
equites might be sure to be able to purchase it ; 2 and thirdly,
that the judges in judicia populi (important criminal
trials) should be drawn no longer as heretofore from the
senators but from the equites, so that equites would give
judgment on charges of extortion in the collection of taxes
in the provinces.3
By these measures Gaius gained great political influence.
After their enactment, or while they were only promised, he
was, in violation of the regular practice, re- „
. . . Comments
elected as tribune without having laid down his on the aims
office : no doubt he may have hoped to be tribune ° Gams-
for many years in succession. While he had this expecta-
tion he was like a tyrant, but for the fact that he had no
army : a tribune could not have a military force under him.
It does not appear to me that if his arbitrary power had been
of long duration it would have been useful to the world.
The oppressors of mankind were all the Romans and not
only the curule families : the oppressed were the provincials,
the Italians, and in a less degree the Latins. The only
kind of usurper that would have been really useful would
have been one who should arise as military commander of
the provincials and the Italians and lead them to victory in
fair fight over the Romans.
1 Appian, B. G. , 5. 4, makes Antonius say in public at Pergamum to the
Asiatic provincials, dr}/j,oK6iroiv dvdpwu ical irap rjfuv yevofiivuv . . . fi^prj tpipeiv
tQv eK&crroTe Kapirwu ird^afiev . . . vfuv. The passage is printed more fully
in Marquardt, Staatsvw., I1. 180, n. 6.
2 Cicero, in Verr., 3. 6. 12, ' ceteris (provinciis) aut impositum vectigal est
certum, quod stipendiarium dicitur . . . aut'^censoria locatio constituta est, ut
Asiae lege Sempronia.' Fronto cited by Marquardt, l1. 180, n. 6. 'Jam
Gracchus locabat Asiam.'
3 Smith, Diet. Ant., s.v. Judex, 1. 1027. Velleius Pat., 2. 6. 3, ed. Halm.
1 (Gaius) judicia a senatu transferebat ad equites.' Civil suits were not
touched by any of the leges Sempronioe. — Diet. Ant., 1. 10266 and 1027a.
252 EFFECT OF THE [chap. xy.
In addition to the measures which he passed Gaius had a
project of giving Roman citizenship to all the Latins, and
Proposal of promoting the Italians to the position already
Gaius to held by the Latins ; we know of this project from
give citizen- . . . . . , , ,
ship to the a manifesto against it put forth by the consul
Latins. q Fannius Strabo.1 It would have shown
extreme stupidity in Gaius if he had hoped to induce the
voters in the assembly to diminish the shares that they
each got in the perquisites of citizenship by alloAving the
Latins, who were probably at least as numerous as the
Romans, to take their proportion of them without giving
the old voters something in return : hence it is likely that
he intended that the Latins should relinquish something to
the Romans, and the something could hardly be other than
the domain lands that the Romans had allowed the Latins
to occupy.
Whatever was the inducement offered by Gaius to the
Roman voters, it was insufficient : and his proposal to give
Overthrow Roman citizenship to the Latins, when it was
of Gaius. met yrifa the tribunician veto of M. Livius
Drusus, who acted in the interest of the curule families, did
not pass. Then Livius Drusus, prompted by the curule
families who controlled the senate, undertook to outbid
Gaius by offering the poor voters in Rome very large gains
in money at the expense of the treasury, and in land at the
expense of the Latins or Italians, without any counter-
balancing disadvantages : the assembly accepted his offer,
and when in the summer and autumn of 122 elections of
tribunes and consuls were held, Gaius was not chosen as a
tribune, and L. Opimius, a resolute champion of the curule
families, was elected as consul. In the beginning of 121,
when Gaius was no longer tribune and Opimius had entered
1 Mommsen, Hist., 3. 124. See Smith, Diet. Biogr., 'Strabo,' 3. 922, for
citation of authorities.
chap, xv.] GKACCHAN CHANGES 253
on possession of the consular imperium, an assembly was
held on the Capitol to vote about a proposal to repeal a law
which Gaius had passed for founding a colony at Carthage.
Opimius was offering the usual sacrifice in the porch of the
Capitoline temple. A zealous adherent of Gaius fancied
that his leader was in danger of assault and hastily murdered
a man whom he suspected of meaning to hurt him. Hence
followed a wild tumult. Next day the Gracchan party, in
desperation, occupied the Aventine Mount, and by taking
measures to defend themselves by force showed themselves
as armed insurgents. In the suppression of their rebellion
Gaius and three thousand of his supporters were slain.
Under the new regulations which the two Gracchi had
succeeded in enacting all classes in the Roman community
got about even shares in the plunder of distant General
provinces, in lands which earlier generations had economic
conquered from the Italians in fair fight, and in Gracchan
hopes of getting other lands which the present changes-
generation thought of seizing from the Italians by un-
provoked confiscation. The curule families kept the
command of the armies and the governorship of the
provinces. The equites had the collection of the provincial
revenues in Asia and probably also in some other provinces,
and the sole right of sitting as judges in trials for extortion.
Some of the poor had been provided by the commissioners,
whom Tiberius had established, with farms on the old
domain land of the Romans, and had gone far away from
Rome to try to gain a tolerable livelihood as yeomen
farmers; others had been offered farms by Gaius in new
colonies to be founded by the expropriation of Italian
communities and of the remnant of the Carthaginians, but
had in most cases preferred to remain in Rome : and lastly,
both those who had declined plots of ground in dis-
advantageous localities and those to whom no plots had
254 RENEWED RULE [chap. xv.
been offered continued to live in and around Rome as
paupers with abundant perquisites, enjoying the amusement
of gladiatorial shows, and subsisting in idleness without
much difficulty on the public doles of corn and on the
money that they received from the rich in payment for
their votes in the assembly of the people. All had their
share of enjoyment; but nearly all the enjoyment was got
by merciless oppression of defenceless provincials and very
little by honest labour.
As the yeomen were tied to their farms far away in the
country there was no large mass of independent and un-
corrupt voters in the assembly of the tribes. The
predomin- assembly had not taken the trouble to save the
anceofthe lives of its champions, the Gracchi, when a vote
curule . L
families, for their re-election as tribunes would have
121 "*£" sufficed : x probably a quantity of the pauper
citizens were paid to vote the other way. As
the assembly could not be trusted to vote steadily for any
purpose, no tribune after the two Gracchi rose to formidable
influence, and in the absence of strong tribunician opposi-
tion the rich classes could do as they liked. The equites
were quite content to gather in their share of the plunder
of the provinces without troubling themselves about
meddling much in politics, and therefore the other rich
class, the curule families, were able until 106, when a new
antagonist arose who was not a tribune, to conduct the
government as they pleased, subject to the sole limitation
that the distribution of the spoils of foreign lands was not
to be altered. They consigned the laws which Drusus had
got passed at their bidding, with one exception, to oblivion :
they only retained his enactment that the farms already
given away under the Gracchan laws should no longer be
held from the state on inalienable lease subject to a quit
1 See pages 249, 252.
chap, xv.] OF THE CURULE FAMILIES 255
rent, but should henceforth be owned by their occupants in
fee simple free from rent and from restriction in regard to
alienation.1 The farmers thus became free to sell and the
rich to buy; and it is probable that part at least of the
farmers turned their lands into money and went back to
Rome. If they did, they added no element of stability to
the popular assembly. Till the time of Tiberius they had
been habitual urban idlers : when they came back they were
only men who had tried farming for a few years without
success, and on their return to Rome they were necessarily
without any regular employment.
In the dealings of the curule families with Italian affairs
there was much folly but no flagrant misconduct. When,
however, a question of external policy arose, . .
individual members of the nobility showed that 118 B.c-
for their private gain they were ready to betray
the interests, not only of the Romans in general, but even of
their own order. In Numidia, which since 201 had been a
vassal state, Jugurtha, a bastard son of a son of Massinissa,
tried in 118 to rob two of his cousins of their kingly dignity.
As the cousins were under Roman protection, it was the duty
of the Roman senate to intervene without delay : but
Jugurtha by giving large bribes to senators, to envoys, and
to commissioners staved off the day of reckoning for six
years. At the end, however, of the six years, in 112, it
became impossible for any Roman to doubt that his
ambition was dangerous to Roman interests in the province
of Africa. He had murdered his cousin Hiempsal. The
almost impregnable stronghold of Cirta, the modern
Constantine, belonged to his remaining cousin Adherbal:
Jugurtha besieged it, but found it so strongly defended by
Italian commercial dealers settled there that he could not
take it by force. The Italian defenders of the place very
1 Mommsen, Hist., 3. 124. Diet. Biogr., s.v. ' Drusus,' vol. 1, p. 1078a.
256 WAR AGAINST [chap. xv.
foolishly advised Adherbal to surrender the place to
Jugurtha, trusting that the Roman commonwealth would
see to it that they did not suffer. Jugurtha murdered them
all, and it cannot be doubted that he appropriated all that
had belonged to them.1
The massacre at Cirta, and the robbery that followed it,
roused the indignation not only of the equites, who had no
doubt lost property, but even of the corrupt
War against . .
jug-urtha, popular assembly at Rome. The curule families
in B.C.- did not dare any longer to refuse to send an army
Futile to Africa. But in 111 Jugurtha purchased con-
operations, tinued possession of all the territory he had
111-109. r J
seized: and in 110 he compelled a Roman army
to pass under the yoke and to leave him reigning over all
Numidia.
The senate saw that in 109 the war against Jugurtha
must be waged seriously. They gave the chief command to
Serious war Q- Metellus, who belonged to one of the most
against distinguished curule families. - The new com-
109' B.C.- mander was honest and capable, but his successes
105 b. c. came slowly, because he found his army in terrible
disorder. The most capable of the officers serving under
him was Gaius Marius, a man with no curule ancestors, but
full of desire to rise to high command. In 108 Marius, who
had already been praetor seven years earlier, and had as
propraetor been a vigorous governor of Further Spain, asked
leave of absence from his duties in Africa for the purpose of
going to Rome as a candidate for the consulship, but was
put off with excuses and, as some said, with contemptuous
sarcasm by Metellus, who honestly believed that no novus
homo could aspire to rise above praetorian rank without
indecent presumption.2 Thereupon he sought to win the
1 Sallust, Bell. Jug., 26.
2 Ibid., 63, 64. Diet. Biogr., b.v. ' Mariua.'
chap, xv.] JUGURTHA 257
favour of his soldiers with indulgences, and to talk about
the slowness and arrogance of Metellus, and of his own
capacity for making a speedy end of Jugurtha. The men
to whom he spoke in this strain were Italian dealers, who
lived in great numbers at Utica in the province of Africa ;
Gauda, a half brother of Jugurtha ; and any Roman equites
or soldiers who would listen to him : to all of them he gave
directions that they should write to any friends whom they
might have in Rome, and repeat what he said.1 Twelve
days before the comitia for the election of consuls he
obtained leave of absence. By travelling as fast as possible,
and through good luck in getting a favourable wind, he
arrived in time to be a candidate : and when the votes were
given he was elected. Shortly afterwards a concilium
plebis, usurping powers which ordinarily belonged to the
senate, resolved that in the following year Marius, not
Metellus, should be commander in the war against
Jugurtha.2
The new consul in levying a fresh army for Africa intro-
duced an important innovation by allowing the poorest of
the citizens, if they were strong enough to serve,
to enrol themselves in the legions, from which p00r citizens
they had hitherto been excluded : admission to in the army>
" 107 B.C.
the army was welcome to a great number of
Roman paupers, because they hoped to enrich themselves
by plunder.3 In 107 and 106 Marius, greatly aided by
L. Sulla, who held a command of cavalry under him,
succeeded in securing the surrender of Jugurtha. Numidia
was divided into two parts: the western portion, about
co-extensive with what is now Algeria proper, became the
Roman province of Numidia ; the eastern part, about Cirta,
was given to Gauda.
1 Sallust, Bell. Jug., 64. 2 Ibid., 64, 65, 73.
" Ibid., 86. 2 and 3 and 84. 4.
R
258 GREAT ARMY [chap. xv.
PERIOD III. SERIOUS EXTERNAL WAR AND CREATION OF A
GREAT MERCENARY ARMY, 106 B.C.-91 B.C.
While the paltry war with Jugurtha was running its
course, Rome and Italy were threatened by enemies as
formidable as the Gauls under Brennus or the Carthaginians
under Hannibal. The Cimbri and the Teutones, two
migratory peoples, starting probably from the heart of
Germany, moved southward, and on their way were joined
by adherents from other stocks. In the eastern Alps and
in Gaul they inflicted defeats on Roman generals : on the
lower Rhone in 106, probably near Arausio, the modern
Orange, they won a battle in which, through the gross
insubordination of Csepio, the Roman second in command,
an army said to have numbered eighty thousand men
of the Romans and their allies was completely cut to
pieces.
The Romans in their dismay thought it necessary to
elect Marius as consul in many consecutive years, though
Remodelling: ^ne law forbade them to do it. Marius, put-
of the Roman ting all the fighting strength of Italy under
arms, made a new army, and organised it on a
new model : he attended solely to the object of creating
a strong fighting body, and, disregarding the civic
antecedents and status of his recruits, gave every soldier,
whether Roman or Italian, whether landowner or pauper,
an equal chance of winning distinction and promotion.
When he had defeated the enemy at Aix near Mar-
seilles, and again near Vercelli, between the Alps and the
Po, and had disbanded his army, Italy was filled with
veterans out of employ whose life's work was fighting, and
who knew not what to do when they were not under
arms.
chap, xv.] OF MERCENARIES 259
PERIOD IV. REVOLT OF THE ITALIAN ALLIES, 91 B.C.-89 B.C.
As the Latin and Italian allies had for three generations
furnished twice as many soldiers as the Romans, it was
inevitable that at some time they would draw conclusions
from their numerical superiority. The time came during
the war against the Cimbri and the Teutones, perhaps all
the more certainly because a great part of the Romans who
fought in that war had been paupers before they entered
the army. The allies had long desired to be made Roman
citizens, in order to get a share of the spoils of the provinces
and more merciful conditions of military service : when the
Cimbri and Teutones had been defeated mainly by their
exertions, they hoped that their desire might be gratified.
Two vain attempts to grant what they asked by legislative
enactment were made in Rome: one by a demagogue
Saturninus, the other by M. Livius Drusus, a statesman of
wide views, and son of the Drusus who had outbidden Gaius
Gracchus in promises to the proletariate. When these
attempts had failed and their authors had been killed, a
good part of the Italian communities in 91 B.C. chose
generals from among their townsmen, and began a war for
the destruction of Rome. Although all factions of Roman
citizens exerted themselves in defence of their profits from
the provinces, and although the Latins generally stood by
Rome, the Romans made no progress in the war till in
90 B.C. the consul L. Csesar passed his Lex Julia giving full
Roman citizenship to all those allies who had not revolted
or who speedily submitted. Though the Lex Julia did not
place the Italians on an equality in voting power with the
Romans, since it gave them admission only to eight tribes
and not to all the tribes, it sufficed for its purpose, and by
the end of the year 89 the continued existence of the
Roman commonwealth was assured.
260 ARMIES [chap. xv.
PERIOD V. PREDOMINANCE OF ARMIES, 88 B.C.-46 B.C.
The little governing community of Rome, which consisted
of those Romans who lived in Rome or near at hand, got
rid of the danger with which the Italians had threatened it
by passing the Lex Julia ; but it soon found that its own
armies, consisting mainly of new citizens from outlying parts
of Italy, and its own generals, were not less likely than
the Italians in their revolt had been to deprive it of the
supremacy over the civilised world which it claimed and
had hitherto enjoyed. From 88 B.C. to 46 B.C. it was
constantly in fear of being suppressed by some one of its
own armies under a victorious general : but it was able
during that period of forty two years to maintain a
semblance of power, because its generals and its armies were
many, and they engaged in rivalry with one another on
such even terms that no one general and no one army for
any long time had exclusive possession of the mastery.
The strife between armies and generals need not be
described in detail. From 88 to 82 there was a question of
politics in which the soldiers felt interest. The
Wars r .
between men in the armies in 88 were divided into old
generals and cjtjzens new citizens under the Lex Julia, and
armies, ' # '
88 B.C.- Italians who were not citizens. The old citizens
82 B C
desired to keep their privileges of citizenship to
themselves : the others desired to share them. The most
valued privilege of a citizen who could often be present in
Rome was the power to give an effective vote in the popular
assembly. That privilege had not been of much value to a
majority of the yeomen of old time, because when they
were disbanded at the end of a campaign they went straight
away to their farms at a distance from Rome : to the
mercenary soldiers in 88 and afterwards it was likely to be
profitable, because when they were not on active service
chap, xv.] AT STRIFE 261
they would drift to Rome. Under the Lex Julia the new
citizens were excluded from giving votes of much efficacy
because they were all placed in only eight tribes out of the
thirty five. In the course of six years of wars between
generals and armies from 88 to 82, Marius, Cinna, and Carbo
were the champions of the new citizens ; Sulla of the old.
In 84 Cinna, being for the time master of Italy, commanded
the senate and the assembly to decide that the new citizens
should be placed in all the tribes indiscriminately, so that
they might have the same voting power as the old citizens :
and Sulla, though on his return from Asia Minor in 82 he
brought his legions into Rome and ruled for a while as a
conqueror, thought it necessary to leave the new citizens to
enjoy the power that Cinna had given them. From 82 B.C.
almost every free born inhabitant of Italy was able, when
present in Rome, to give an effective vote in the popular
assembly.
In 82 B.C. Sulla became absolute master of Rome and
Italy and the provinces. He took the title of dictator, and
kept his unlimited power for two years. In his
first six months he got rid of all men likely to atorship,
stand in his way by the method of proscriptions 82B-C.-
or authorised assassinations. Marius, a few years
before, had attained the same end more speedily, and probably
with much greater bloodshed, by turning his soldiers loose
into Rome to slay and rob at their pleasure. As destroyers
of their opponents Marius and Sulla were on a par: but
Sulla was a statesman and Marius was not. Marius had
never tried to provide for the future welfare of his country-
men: Sulla made an honest and courageous attempt to
secure the inhabitants of Italy against the recurrence of
such miseries as they had recently experienced.
Before I can describe the changes made by Sulla in the
government of the Italians, it is necessary to explain how
262 SULLAN [chap. xv.
they were governed in 82 B.C., when Sulla became their
master. The four forces in the community other than Sulla
Th overn- himself were the senate, the generals, the
ment of Italy, tribunes, and the popular assembly. The popular
assembly, under the law passed by Cinna in 84
and confirmed by Sulla two years later, no longer consisted
of a few scores of thousands of urban paupers but of all the
free population of Italy : the only men, however, from out-
lying districts, who were likely to attend its meetings and
legislate for the civilised world, were those who had no
employment that tied them to their homes, and were ac-
customed to the life of mercenary soldiers. Thus for the
future the popular assembly, which still claimed to be
sovereign ruler of the world, was likely to vote sometimes
for the advantage of the paupers and sometimes for
the interest of the mercenary soldiers and their generals,
but never for the interest of any other class. The generals
were the most dangerous class in the community, because
they were likely to fight against one another and overturn
all government: next to them in capacity for mischief
came the tribunes, who might propose revolutionary
measures in the assembly and might be influenced by
ambitious generals. \ ae senate, the only remaining force in
the community, was selfish and corrupt, but it might be con-
stituted on a new footing i above all, it had one great merit :
it was a body of civilians, and for the preservation of such
influence as it possessed it was certain to be an opponent of
any general who might try to become omnipotent. Sulla
decided to diminish the opportunities of generals and tribunes
and popular assembly for interfering in government, and to
entrust as much authority as he could to a reformed senate.
Of the generals it is to be noted that for thirty years
after Sulla's time they rarely had any armies in Italy
except when they were levying new legions or disbanding
chap, xv.] CONSTITUTION 263
veterans. It seems likely that the immunity of Italy from
prolonged molestation by armed forces was not due to any
explicit regulation made by Sulla: no such The Italian
regulation is recorded, and if any had been community
made, there is no reason to suppose that any bySuiia,
powerful general after Sulla's time would have ** BC-_
. . . .70 B.C.
obeyed it. There is more to be said for the view \%) The
that before Sulla's time a large majority of the £enerals-
inhabitants of Italy wished to have no armed forces in their
country, and that after his time the generals thought it
prudent to respect their wishes. Italy was still the sole
recruiting ground of all the legionaries, and no general
wishes to cause annoyance to the settled inhabitants from
whose surplus population recruits have to be levied. Sulla,
it may be observed, made it much more certain than it had
been that the wishes of the inhabitants of Italy would
receive attention from the generals. He settled a very
large number of his veterans on lands that he had seized
from Italian communities which had fought against him :
one historian says that twenty three legions containing per-
haps a hundred thousand men, after the losses sustained
during a long war in Asia Minor, were thus endowed with
freehold property : another less probably makes the number
double as large.1 All these men had gained all that was
to be got out of campaigning, and desired to be let alone,
and to live as civilians. During the thirty years after Sulla's
time the consuls during their year of office stayed in Italy
usually as purely civilian officers, occupied in dealings with
the senate and the resident citizens, who were also civilians :
their military activity did not begin till the next year when
they went abroad as proconsuls.2
1 Appian, B.C., 1. 100. Livy, EpiL, 89.
- Mommsen, Hist., 3. 367, draws attention to the general freedom of Italy
from the presence of armies in the generation after Sulla.
264 SULLAN CONSTITUTION [chap. xv.
The tribunes could easily perceive that the popular
assembly, strengthened as it was by the admission of the
Italians to the full rights of citizenship, would be
and (3) the a serviceable instrument for giving effect to any
paupers. revolutionary proposals that they could induce
it to approve ; and they were likely to use the instrument
that was ready to their hands. Sulla daunted ambitious men
who might aspire to become tribunes by ordaining that if
a man had once been tribune he should be disqualified for
life from holding any other magistracy : x and it is extremely
probable that he also forbade the tribunes to bring any
rogatio before the assembly till it had been approved by the
senate.2 When he had made the tribunes powerless, he
could afford to deal courageously with the paupers of the
city : he either abolished the corn doles entirely or greatly
diminished their amount.
The body to which Sulla entrusted the chief authority in
his commonwealth was a senate so greatly altered that it
(4) The Dore little resemblance to the senate which the
senate. Romans knew and in general disliked. Forty
years before Sulla's time the senate had been dominated by
the curule families, and their persistent influence had been
even more mischievous than the transient attempts of the
tribunes and the paupers to bring about revolutions. By
Sulla's time the ranks of the Optimates had been thinned
by wars and murders, as the ranks of the English baronage
were thinned in the Wars of the Hoses, and they were no
longer formidable. Sulla took precautions against their
return to power by founding a reformed senate. He
ordered the popular assembly to elect three hundred new
senators immediately, and arranged that in future twenty
quaestors should be elected in every year, and should be-
come senators at once, and should remain senators for life.
1 Appian, B.C., 1. 100. a Mommsen, Hist., 3. 364 note.
chap, xv.] IMPROVED JUDICATURE 265
The senate thus became a purely elective body : but the
senators when once elected were independent of their
electors, and in the course of years had opportunies of
gaining experience.
The greatest work of Sulla was his new constitution, but
it was not his only work. He also made great improvements
in criminal judicature by establishing several Improve.
permanent tribunals, called qucestiones perpetuce, ments in
which for the first time provided convenient judicature
machinery for the trial of such offences as and the law
... , of property
murder, arson, poisoning, perjury, forgery, and before
corruption of judges. It happened also that for f? BC"
several generations before Sulla's time many Roman
magistrates and citizens had applied themselves to the
excellent work of mending and simplifying the law of
property. The prsetors who superintended suits to which
Latins or Italians or other aliens were parties continued to
improve their edicts by inserting in them maxims derived
from systems of law not made in Rome : 1 in so far as this
was done by borrowing from Latin or Italian systems of
law, the work must have been completed by 82 B.C., because
after that year there was only one law for all peoples in
Italy. The law embodied in the edicts of the prcetores qui
jus inter peregrinos dicebant was known as the jus gentium,
or law common to many peoples. Moreover, while the jus
gentium was being fashioned, some distinguished Romans,
especially three Mucii Scsevolse, made a scientific study of
the indigenous Roman law of property, the jus civile, founded
on the law of the twelve tables : the third of the Scsevolse,
who was killed by the Marian faction in 82, was the first
Roman who wrote a treatise on the jus civile. As the jus
civile and the jus gentium existed side by side they were
compared: the jus gentium excelled its rival in simplicity
1 See pages 234-236.
266 EFFECT OF THE SULLAN [chap. xv.
and it is probable that many of its rules were gradually
adopted into the law applicable to the property of Roman
citizens.
Under Sulla's regulations all free men in Italy were made
as nearly equal as the existing conditions allowed, and were
as far as possible formed into one community.
General m. .. . . , . .
effect of J-hey did not govern themselves, it is true, nor
Sulla's ^id tney q]i tak e part in electing their governors :
but their governors were a senate of civilians
who by long experience were likely to gain skill in governing.
The constitution framed by Sulla gave for the time being
such a measure of general satisfaction that at the end of
80 B.C., after two years of unlimited power, its author could
venture without fear of murder or revolution to lay down all
his authority and retire to his villa near Cumae, where
hunting and fishing served to amuse him for the remaining
two years of his life.
Sulla's regulations, however, could not long avail to keep
armies out of Italy. The Roman community, which now
included the mass of the inhabitants of all Italy
Impossibility . . „ - _, _ . .
of excluding except the valley of the ro, was quite as much
armies from determined to drain tribute and other wealth out
Italy.
of the provinces as the smaller Roman community
had been in the days before the Lex Julia. Tribute and
wealth could not be collected in abundance from the
provinces unless the provinces were kept in subjection by
large Roman armies. Generals while they were command-
ing armies in the provinces could not be controlled by the
government at Rome, nor could they be restrained from
bringing back their armies to Italy when their work in the
provinces was finished. Besides all this, it chanced in
73 b.c. that an army was needed in Italy itself to quell
the formidable insurrection of the gladiators under
Spartacus.
chap, xv.] EEGULATIONS 267
Among the great dependencies beyond the seas those that
first needed occupation by strong armies to make them profit-
able were Asia Minor and Spain. Asia Minor was _ .
imperilled by the ambition of Mithradates, King predomin-
of Pontus, and the Spaniards were trying to JJjJJesand
become independent under the leadership of generals,
Sertorius, a Roman general of great ability
who had been attached to the faction of Marius. The
armies of the Romans were commanded in Asia by Lucius
Lucullus, and in Spain from 77 to 71 by Gnseus Pompeius,
a young officer who had never been elected to a magistracy,
but who had in the year 82 been most helpful to Sulla in
his contest with Carbo. The war was ended in Spain sooner
than in Asia, and at the end of 71 Pompeius came back to
Italy at the head of his army. He found another army
already in Italy under M. Crassus who had recently over-
powered the gladiators under Spartacus. The senate, which
Sulla had intended to be the supreme authority over Italy
and its dependencies, was unable to control either Pompeius
or Crassus, and thus the predominance of generals and armies
in Italy was renewed.
It chanced that neither Pompeius nor Crassus desired to
become a despot in Italy. Crassus was proud of his great
wealth, and, in order to keep enough leisure to
. , , , . . .. Destruction
increase it by speculation and by superintending 0f the Suiian
the work done by his slaves, avoided any political constitution,
position that would occupy all his attention.
Pompeius sought only glorification for his past provincial
exploits and an opportunity of repeating them. The grati-
fications which he demanded at the moment were a triumph
for his victories in Spain, and the consulship for next year ;
but neither of his requirements could be granted without
a breach of the constitution, which ordained that no man
could celebrate a triumph unless he were a magistrate, and
268 DESTRUCTION OF THE [chap. xv.
none could bo elected as consul till he had held some lesser
magistracies. So Pompeius needed to be dispensed either
by the senate or by the popular assembly from obedience
to the established rules. The senate did not at once grant
the required dispensations : but some of the tribunes were
quite willing to undertake to obtain them from the popular
assembly on condition that Pompeius and his army would
overawe the senate into restoring to the tribunes and to
the popular assembly the powers of which Sulla had
deprived them. Pompeius accepted the conditions, and
the Sullan constitution was destroyed by the votes of the
burgesses, supported in the near distance by the legions of
Pompeius. The tribunes recovered their freedom to propose
any rogation that pleased them : the paupers regained their
prodigal corn doles : the right of judging in criminal trials
was shared between senators, equites, and a body of men
called tribuni aerarii, who nearly resembled the equites, but
for the fact that they need not be resident in Rome.1 In
semblance the rules of the constitution reverted nearly
to what they had been made by Gaius Gracchus. But now
there was no strong civilian authority presiding over the
Roman commonwealth. The senate was the only body that
tried to govern in the interest of civilians throughout Italy,
and it was too weak to do what it attempted: for any
victorious general was likely henceforth to be supported
not only by his own army but also by the tribunes and
the popular assembly.
Yet for twenty four years after 70 B.C. generals and
armies either in existence or in near prospect were many,
and they kept one another in check, so that none of them
ventured to deprive the senate of its semblance of power.
Pompeius in 67 and 66 employed two tribunes, Gabinius
and Manilius, to obtain from the popular assembly votes
1 Smith, Diet. Antiq., vol. 2, p. 871.
chap, xv.] SULLAN CONSTITUTION 269
which made him proconsul with absolutely unlimited
command over the whole Mediterranean Sea and in nearly
all the provinces that belonged to Rome. In „
1 ° Pompeius
five years he conquered all Asia Minor and not a
Syria, but on coming back to Italy at the end faSc*
of 62 he disbanded his army, and did not power,
attempt to deprive the senate and the popular
assembly of such shadow of authority as they enjoyed. The
reasons for his action are not explained by ancient historians ;
but we can see that, if he had tried to be despot at Rome, he
would have undertaken a task of attention to matters of
government which he did not like, and could not be sure
that, while he was tied to his work in Rome, other armies
under other generals might not arise somewhere in the
provinces and thence come back to Italy and overpower
him.
Pompeius made a stupid blunder when at the end of 62
he disbanded his army without obtaining from the senate
all such decrees as he desired. The things that Helpless
he needed to obtain from the senate were three : position of
confirmation of all the orders he had given to 62 b.c-
conquered princes and peoples in Asia Minor and * B,c-
Syria, a second consulship before the expiration of the
required interval of ten years since his other consulship, and
lands for his soldiers. The senate refused compliance with
all his demands : and in the year 60 he was compelled to
seek aid from a man who had such influence over the
Roman rabble that he could put effective pressure on the
senate.
While Pompeius had been absent in the East, Gaius Julius
Csesar had been active in political contests, and in the year
60 B.C., at the age of forty years, he was the sole powerful
leader of the old Marian party. Marius had been the
champion of the new citizens and of the Roman paupers :
270 CAESAR [chap. xv.
Caesar, in 60 B.C., was champion of the same interests, but
it was no longer possible to distinguish sharply between
the poorer new citizens and the paupers of the
of the capital, since the two classes were not now kept
Marian asunder by any divergence of interests. Caesar
then was simply the leader of the poor. But the
poor were now a very different body of men from the help-
less and aimless colluvies of idlers which had failed to uphold
Tiberius and Gaius Gracchus; since that time they had
been led by Marius, and Cinna, and Carbo, who had been
generals in command of armies.
In the year 61 Caesar, as propraetor of Further Spain,
conducted a successful campaign in Galicia. On
between his return to Italy in the summer of 60 he was
nBimll e^ecte(i as one °f tne consuls for the ensuing
Crassus, year. To him Pompeius applied for aid, and
found him willing to enter into a contract of
alliance with him, on condition that the rich Crassus should
also be one of the contracting parties.
During the year of Caesar's consulship, 59 B.C., Roman
affairs were managed by the popular assembly and by
Caesar's ruffians who abounded in the Roman mob, under
consulship, the leadership of Caesar. Pompeius obtained
59 ' ' with ease all that the senate had refused him :
Caesar, under a rogation proposed to the popular assembly
by his faithful henchman, Vatinius, was invested with the
proconsulship of Cisalpine Gaul for five years. Soon after-
wards the senate gave him Narbonese Gaul besides, believ-
ing that unless they did so he would receive that also from
the assembly.
The provinces which Caesar had chosen to have assigned
to him were those in which the services of an able general
could do more for the advantage of the Roman citizens
than anywhere else in the world. Caesar repelled an invasion
chap, xv.] CAESAR 271
of Germans under Ariovistus into Transalpine Gaul which
might have become as dangerous to Italy as the advance
of the Germans whom Marius had defeated : and
in eight campaigns he conquered all the Gallic conqueror
land from the Alps to the ocean, and from the of Gaul and
of the Roman
Pyrenees to the Rhine. In 53 M. Crassus, who dominions,
was personally hostile to Pompeius and friendly & r^gf
to Csesar, lost his life and a great army in war
against the Parthians. Pompeius had long looked on Caesar
and Crassus as his rivals : when Crassus was dead he thought
that by gaining an alliance with the senate he could crush
Csesar. The alliance was made, and at the beginning of the
year 49 the allies issued a decree of the senate which would
compel Csesar to come to Rome for a short time without
any proconsular imperium to protect him from being
accused of high treason. Csesar knew that if he lost his
imperium he would probably also lose his life, and early
in 49, as the Roman calendar then stood, but by correct
reckoning late in 50, he left his province at its frontier, the
river Rubicon, and marched in open rebellion into Italy.
The peninsula submitted with little resistance, and then
Csesar with his army made a circuit round the Mediterranean
Sea, fighting everywhere against the generals and armies
that supported Pompeius and the senate. In three and a
half years of hard work Spain, Thessaly, Egypt, Asia Minor,
and Africa were in turn compelled to obedience, and in
May 46 B.C. Csesar returned to Rome as master of all the
Roman dominions.
The victories of Csesar put an end to the supremacy of
the Roman commonwealth or the Roman senate over the
civilised world, and even to the existence of the „ » ,
Results of
Roman community as a perfectly independent Caesar's
state. Henceforth the Roman citizens were vlctones-
only a part, though still the most important part, of the
272 C^SAR [chap. xv.
great political aggregate from which Caesar could demand
obedience. Csesar drew his strength not from the Roman
citizens as such, but from the devoted affection of his army,
and from the good will of all the provincials and of the
poorer classes in Italy. In shaping his policy he had to
attend quite as much to the interests of the provincials as
to the wishes of the Roman citizens.
CHAPTER XVI
COMPARISON OF ITALIAN TOWNS WITH GREEK TOWNS
The only Italian peoples that are known to us through a
long period of their existence are those that lived in Latium.
From the age when they settled in the Latin Campagna as
agricultural tribes, the character that they were likely to
assume in the course of time was indicated by their physical
and human environment. They tilled the rich soil that had
long ago been scattered over the plain by the Alban volcano,
and therefore had far more wealth than their neighbours who
lived on comparatively sterile ground. They had not, as
the peoples of Hellas had, mountain ranges to protect them
from attack, but were, probably from the beginning, subject
to constant molestation from the rude iEquian and Volscian
highlanders, and long before any time that is known to us
they needed defence also against the powerful Etruscan
townsmen. Hence, since they had no natural defences, they
must, if they could, get security by living on sites of natural
strength within the artificial protection of town walls. It
chanced that they had plenty of strong sites at hand, and
abundance of stone to build with. Hence they made them-
selves fortresses to live in, and grew into military town com-
munities. Moreover they had no inducement to attempt
maritime enterprise because few of their towns were near
the shore, and those few had no islands within sight to
tempt them to seafaring pursuits. Hence they had no sea-
borne commerce, and all of them were nothing more than
purely military and agricultural communities of townsmen.
S 273
274 NO COALESCENCE [chap. xvi.
The military towns of Latium were not compelled, as the
Greek maritime and commercial cities were compelled, to
live in political isolation from one another.
The Latin L ...
towns could They stood in the same relations with one another
J°m in as prevailed among the military towns of Boeotia.
alliances or r ° J
confedera- They could make alliances and keep them : they
could seldom cou^ form a confederation and act faithfully in
govern one concert together for the purposes of the confeder-
ation : but, in Latium no less than in Boeotia, it
was almost impossible for one military town to govern
another. In Boeotia when the strong town of Thebes
conquered the weaker town of Orchomenus in 368,1 the
victorious town did not attempt to govern the conquered
town, but put the inhabitants to the sword. In Latium,
when the prehistoric Romans conquered Antemnse and
Crustumerium and other towns, they did not venture to
keep them standing and to try to govern them. They did
not indeed take such a murderous course as the Thebans
had adopted when they conquered Orchomenus : they had
good reason for not taking it since they knew that any
Latins would be willing to help them in fighting against the
Etruscans. Hence they kept the inhabitants of the con-
quered towns alive, but destroyed their towns. Even so it
was found that they could not govern the descendants of
the conquered at their pleasure : those descendants seceded
from them and would not come back till they had been
assured that they should have a government of their own
for their protection : thus the first experiment of the Romans
in dealing with conquered towns led to the establishment of
a state within the Roman state. Long afterwards, when the
Romans in 338 conquered all the Latin towns, they only
ventured to take Tusculum and four more towns under
their own government by giving the Roman citizenship to
1 Diodorus, 15. 79.
chap, xvi.] OF ITALIAN TOWNS 275
their inhabitants. The remainder of the Latin cities were
converted into dependent allies, or vassal communities,
governing themselves, but compelled to obey the Romans
in all matters of external policy and to provide them with
contingents of troops. It was more conducive to the pro-
sperity of a town considered as a locality to become a vassal
than to be absorbed into Rome. Tusculum and the other
four Latin towns that in 338 received Roman citizenship
disappeared promptly from history and only reappeared
nearly two centuries later as sites for the suburban
residences of wealthy Romans : some of the Latin fortresses
that became vassals to Rome, especially Praeneste, afterwards
attained to great importance in consequence of their size
and wealth and commanding strategic situations. This does
not however prove that individual descendants of Tusculan
parents may not by migration to Rome have been in a
more enviable position than the inhabitants of such a vassal
town as Praeneste.
When the Romans conquered all the Italians they per-
mitted all the old Italian towns and also the newly
founded Latin colonies to govern themselves, „
0 . No common
only requiring them to obey Roman orders in government
regard to external affairs and the furnishing of for "r ^ly
o o resulted from
troops. Thus the conquest of Italy by the Romans Roman
did not bring the towns in the peninsula under conques s—
a common government. The wars against Carthage mani-
festly did nothing towards bringing Italy under one govern-
ment, though the second war showed how much the Romans
owed to their alliance with the Latin colonies. And, lastly,
the conquest of distant provinces not only did nothing
towards setting up a common government for Italy but
even loosened the bands of the alliance between the Romans
and their vassal towns in Italy because it led the Romans
to impose unfair burdens on the Latins and the Italians.
276 THE ROMAN DOMINIONS [chap. xvi.
The event that at last led to the abolition of the separate
governments of the Latin and Italian towns and their
—nor any union under something that bore the semblance
settled of a common government was the approach to
government Italy of the Cimbri and the Teutones. The
from the war advent of these dangerous foes compelled the
against the .
Cimbri and Romans to enrol all the able bodied men in
the Teutones. jfcaiy jn their army : and when the invaders had
been repelled the Italians who had served as mercenary
soldiers compelled the Romans to accept them as fellow
citizens, and it followed that the Latins also were admitted
into the Roman tribes. But after the new citizens had
been admitted no one knew, except during ten years after
Sulla's retirement, whether the powers of government rested
with the senate, which aoted on behalf of the body of
civilian inhabitants of Italy, or with any general who chanced
to have a strong mercenary army present in Italy. The
senate yet for twenty years after the year 70, when the
popular assembly turned against it, was able to enjoy a share
of authority, but only because the generals and armies in
the Roman dominions were still numerous, and were too
jealous of one another to act unitedly for the overthrow of
civilian government.
In the provinces that the Romans acquired between 146
and 59 there was in 49 B.C. no community larger than a
canton or a city. When Macedonia was conquered in 168
it was broken up into four cantons : x when the kingdom
of Pergamum was converted into a Roman province in 133,
it was divided into cities. In Gaul, conquered between 58
B.C. and 50 B.C., there still subsisted in 49 B.C. some small
nationalities as the Sequani and the Haedui: but those
small nationalities had little capacity for acting in concert.
Whether the whole of the Italians after the time of Sulla
1 Mommsen, Hist., 2. 302.
chap, xvi.] BEFORE CLESAR'S TIME 277
formed a fairly coherent community, it is hard to judge :
the one thing certain is that, after the armies of mercenary
soldiers gained a dominant position, the Italians
as a civilian community were impotent. The dominions in
Roman dominions in 49 B.C. when Csesar invaded 4^ ~ \.a
no effective
Italy consisted of a number of separate com- common
munities : all the communities outside of Italy
were small, and the Roman dominions did not possess and
never had possessed a common government, since the
governing organ at Rome had never been able to control the
generals in the provinces.
The Italian towns then were like the Greek towns in not
being able to govern one another or to govern any de-
pendency. And the bodies politic in the Italian Types of
towns were comparable with the larger urban urban bodies
bodies politic in Greek towns: thus the Latin Greece and
League of towns was comparable with the Italy-
Boeotian League : the Roman bodies politic from 340 B.C. to
201 B.C. were not very unlike the Attic bodies politic from
Solon to Kleisthenes except in the fact that they had an
admirable system of foreign policy, whereas the Athenians
had none : and lastly the Romans from 200 B.C. to 49 B.C.
when in receipt of plunder and from 133 B.C. to 49 B.C. when
in receipt of both plunder and tribute were like the
Athenians from 454 B.C. to 413 B.C. when in receipt of
tribute. On the other hand there were types of bodies
politic peculiar to Greece and another peculiar to Italy.
Greece alone had its three score purely urban communities
engaged only in maritime commerce, and its garrison of
slave masters at Sparta : Italy alone had a city in which the
body politic was compounded of fully qualified citizens
(Patricians) and of half qualified citizens (Plebeians), and
in which the half qualified citizens had magistrates of their
own and formed a state within the state.
278 TYPES OF [chap. xvi.
A tabular enumeration, showing the Greek and Italian
urban bodies politic in their pedigrees, and mentioning
their governments, will make it easy to remember
enumeration what they were. An enumeration of the Greek
of the types. communities has already been set at the end of
my twelfth chapter. Those parts of it which refer to Greek
communities not having analogues in Italy need not be
repeated at length, and can be indicated in a few words or
by reference to a page. There is in fact no pedigree of urban
bodies politic in Greece running quite parallel with one in
Italy, except that of the Boeotian federation, parallel with
that of the Latin federation. There is no series of bodies
politic in a Greek city that runs parallel throughout with
the series in Rome, and the pedigree of Roman bodies politic
must on the whole be deemed to be unique. But the series
of bodies politic in Athens in some parts exhibits points of
contrast or resemblance with the series in Rome, and it
is therefore worth while to express them both without
abbreviation.
CHAP. XVI.]
UEBAN COMMUNITIES
279
TABULAR VIEW OF GREEK AND ITALIAN BODIES
POLITIC, ARRANGED IN PEDIGREES, AND THEIR
GOVERNMENTS.
Bodies Politic.
Group 1. — In about sixty purely
maritime cities. See p. 157.
Simple urban communities.
Governments.
Class governments.
Group 2. — In Bceotia and Latium.
Federal bodies politic. Federal government.
Group 3. — In Argolis and Attica,
which had each a chief city
and other towns.
(1) In Argolis. See p. 157.
(2) In Attica.
(a) Till 490 B.C.
A succession of composite bodies
politic, very seldom fighting
by land and having no alli-
ances.
(b) From 454 B.C. to 431 B.C.
A simple community, partly
urban, partly rural, in receipt
of tribute, and trying to avoid
a war with all the Greeks.
At one time mild oligarchia, at
another mild tyrannis, at
others mixed government
consisting of
(1) Yearly magistrates.
(2) A senate (Areopagus) steadily
growing weaker.
(3) Assembly.
(4) Popular law courts.
Mixed government.
Active organ, one man, Perikles.
Passive organ, the poor voters
in the assembly.
280
TABULAE
[chap. XVI.
TABULAR VIEW OF GREEK AND ITALIAN BODIES POLITIC, ARRANGED
IN PEDIGREES, AND THEIR GOVERNMENTS. — Continued.
Bodies Politic.
(c) From 429 B.C. to 413 B.C.
A simple urban community, in
receipt of tribute, all crowded
within the walls of Athens
and fighting desperately for
the retention of the tribute.
(d) From 413 b.c. to 405 B.C.
A simple urban community,
with diminished spoil from
the tribute, fighting des-
perately for the retention
of what it had.
Governments.
Class government.
Imprudent rule of the poor.
Class government.
Usually, rule of the poor, still
more imprudent than before.
In 411 B.C. rule of a gang
of ruffians, led by an ex-
demagogue.
(e) From 405 B.C. to 338 B.C.
A succession of simple urban Class government.
communities, descended from Selfish and unpatriotic rule of
receivers of tribute and the poor.
rapidly degenerating.
Group 4. — In Rome. Isolated
pedigree.
[In prehistoric times, a succession Form of
of highly composite bodies known.
politic consisting of (1)
Roman burgesses (Patres),
(2) servants of the Patres,
whom the Patres had fetched
in to their city from towns
which they had destroyed.]
government little
CHAP. XVI.]
VIEW
281
TABULAR VIEW OF GREEK AND ITALIAN BODIES POLITIC, ARRANGED
IN PEDIGREES, AND THEIR GOVERNMENTS.— Continued.
Bodies Politic.
(a) From the expulsion
Tarquin to 340 B.C.
Patres and Plebs.
of
Governments.
Two governments constantly at
strife.
(b) From 338 B.C. to 201 B.C.
A succession of bodies politic, Mixed government.
partly urban, partly rural, Very strong senate, magistrates,
intent on war, with many assemblies,
alliances. Compare and con-
trast Attica (a).
(c) From 168 B.C. to 46 B.C.
Purely urban communities, in Class government.
receipt of plunder and tribute. Very selfish rule of the rich.
Compare Attica (b) (c) (d).
Group 5. — In Sparta. Isolated
pedigree. See p. 159.
From the table it will be seen that the pedigrees of bodies
politic in Attica and Rome, both of them countries in which
a chief city conquered lesser towns, run roughly
parallel at the beginning, then diverge, but of Attica
afterwards converge again, and then run parallel and ome'
to the end. In the early periods marked (a) for each
country, we see that in Attica there was probably some
dissension between the men of the chief city Athens and
282 ATTICA AND ROME [chap. xvi.
the men of the other towns : in Rome, where the burgesses
of Rome (the Patres) had fetched the natives of the
conquered towns into Rome to serve them, the strife
between the Patres and the Plebs was extremely acute. In
the second periods, each marked (6) there were similarities
but also a marked dissimilarity. There was in Attica in the
period marked (b) a succession of bodies politic, partly
urban, partly rural, until 508 B.C. not well united: these
bodies politic had usually a mixed form of government, in
which, since they had no alliances, the senate was always
declining in power. In Rome in the period marked (b)
there was a succession of bodies politic partly urban, partly
rural, all of them thoroughly united by zeal for conquest :
these bodies politic had mixed forms of government, and
as they had foreign alliances which they knew to be of the
utmost value to them, their senate was beyond comparison
the strongest organ among their governing bodies. In the
periods marked (c) (d) (e) for Attica, and (c) for Rome, the
inhabitants of Attica and the Romans were both corrupted
by the exaction and expenditure of tribute from foreign
lands. The inhabitants of Attica were driven into Athens
by Spartan invaders, the Roman farmers were driven into
Rome by Hannibal, and their descendants stayed in Rome
to enjoy doles and amusements which were paid for out of
the tribute : the people of Attica were ruled selfishly by the
poor, the Romans equally selfishly by the rich. And the
peoples of Attica and of Rome were alike in their overthrow :
the Athenians, all becoming civilians and all being idlers
like their fathers before them, were conquered by the
Macedonians : the civilian part of the Romans was over-
powered by an army of professional soldiers, for the most
part of Italian but not of Roman extraction, which their
fathers had created as a serviceable instrument for conquest
of territory and exaction of tribute.
CHAPTER XVII
THE EMPIRE OF THE CjESARS
When Caesar had defeated all the generals who opposed
him, there were no longer many armies and many generals,
but one army and one general. The army was the only
powerful body of men acting unitedly, and its general was
sole ruler in the civilised world. The civilian community of
the Roman citizens and senate had failed to govern mankind :
it remained to be seen whether the new military ruler would
be more successful in the task of government, and whether
he would transmit his authority to successors competent to
continue his work.
Csesar's own time was short. Although he had been
raised to supreme authority by his army, against the will
of a great part of the civilian citizens, he would Murder of
not employ military force to coerce the civilians : Caesar-
and yet he did not pretend to the citizens that he was any-
thing less than their absolute master. He conducted
himself exactly as if he were sole ruler by common consent
of all, and, treating men who had been opposed to him with
the greatest possible kindness, magnanimously trusted that
in return for his generous consideration they would refrain
from hurting him. But his rule had not received the
common consent of all. Especially it was detested by some
members of the old curule families. Under the lead of
Brutus and Cassius, some sixty or eighty senators, of whom
the greater part had accepted benefits at his hands, conspired
together and murdered him on the ides of March in the
283
284 OCTAVIANUS [chap. xvii.
year 44 b.c. before he had completed two years of supreme
authority.
The death of Caesar left the world without a government.
The armies were scattered in the provinces, and as none of
Rise of them had a general with it who aspired to
Octavianus. succeed Caesar, they did nothing for the moment
towards settling who should be the ruler. Hence the civilian
Roman citizens were able to seize such a semblance of
authority as they had enjoyed sixteen years earlier, before
Caesar and Pompeius and Crassus shared the great offices
among them. On March 17, the second day after the murder,
the senate, at a meeting which the murderers did not dare to
attend, restored the old republican government of the senate
and the popular assembly, but confirmed the administrative
measures of Caesar. The government thus established could
only last till some ambitious men ventured to get command
of armies and overthrow it. The first who got an army was
M. Antonius. To oppose Antonius the senate at the beginning
of 43 sent out an army under Hirtius and Pansa the consuls
of the year: with them they sent also as propraetor C.
Octavius, only nineteen years old, great nephew and heir of
Caesar, and under Caesar's will his adopted son, in command
of an army which he had hired at his own cost. The armies
sent out by the senate defeated Antonius at Mutina (Modena) :
but the two consuls were killed and Octavius was left sole
commander of the army of the senate. Antonius the enemy
of the senate withdrew to Gaul and made a junction with
Lepidus and his army : Octavius deserted the cause of the
senate and made a compact with its enemies Antonius and
Lepidus. The three, Octavius, Antonius, and Lepidus
agreed to divide all the great commands among them, and
Octavius, obtaining a lex curiata to confirm his adoption by
Caesar, gained a legal right to bear the name he had already
assumed, C. Julius Caesar Octavianus. In 42 Antonius and
chap, xvil] OCTAVIANUS 285
Octavianus had yet to wage a war against Brutus and
Cassius, governors of the provinces of Macedonia and Syria :
they defeated them at Philippi in Macedonia. Then the
victors divided the Roman dominions : Octavianus had the
west, Antonius the east, leaving only Africa for Lepidus.
As time went on, dissensions arose between Octavianus
and Antonius: after the campaign in which their navies
and armies met at Actium in B.C. 31 Octavianus was the
sole ruler of the civilised world.
During the brief reign of Cassar, the dependencies of
Rome beyond the seas were for the first time ruled by a
government which also ruled the Roman citizens, a common
Before Caesar's time the provinces had indeed &ovemment
been under local governors appointed by the Roman
Roman government: but those local governors established
had not been governed by the Roman govern- by Caesar
ment. Caesar ruling at Rome insisted that the ushed^by
provincial governors as well as every one else Octavianus.
should obey him. Octavianus after his victory at Actium
was able to exact from them no less obedience than Caesar,
and from the battle of Actium we may date the first per-
manent establishment of the Roman Empire as a political
aggregate subject to a single government.
The whole mass of the Roman dominions from the battle
of Actium onwards, being under one government, was one
empire : but, being composed of dissimilar com- character
munities, it was a heterogeneous empire. The of the
materials which Octavianus brought under one dominions
government were in the older provinces a multi- 3i B.C.
tude of cities and some rural cantons, in Gaul a number of
small nationalities and cities, in Italy a moderately coherent
community embracing the whole population of the penin-
sula : in Rome the capital of the empire the poor still hated
the rich and the rich despised the poor.
286 THE WORK OF [chap. xvii.
Octavianus when he conquered at Actium had already
been master of the west for nearly twelve years, and thus
when he became sole ruler of the world knew
that lay what tasks lay before him : the remaining forty
before gve years 0f his life were spent in performing
Octavianus. J .... ■>
them. As his dominions were cleft into small
fragments, he had not much reason to fear that any fragment
or combination of fragments would give him trouble by
trying to become independent: but he must attempt to
close up some of the gaping wounds inflicted on the provinces
and on the community of Roman citizens in Italy by lack of
governance, and he must keep his frontiers secure from the
attacks of the exterior barbarians.
The miseries of the provinces had all been caused by
the extortions of Roman generals and taxgatherers and
adventurers. Under Octavianus the extortions
vincesand immediately became rare.1 Each provincial
the Roman community was merely compelled to pay fixed
citizens. .... .
sums, which, since it now got government in
return for them, may be henceforth called rather taxes than
tribute. To deal with the Roman citizens was a matter that
needed delicate handling: Octavianus managed it more
skilfully than Caesar. He saw that the senate and the
otner citizens were deeply mortified at not possessing the
political powers that senate and citizens had enjoyed long
ago, and he resolved to give them such a show of privileges
as they could use without abusing. His motives for adopting
this course have not been recorded, but we may conjecture
what they may have been. The mischievous old curule
families had been almost entirely extinguished in the civil
wars and in a great proscription set on foot in the end of
44 B.C. by Antonius with the consent of Octavianus. The
1 Licinus at Lugdunum in Gaul, B.C. 16, is the only conspicuous instance
of an extortioner under Octavianus. — Merivale, Hist. Horn., vol. 4, 218.
chap, xvii.] OCTAVIANUS 287
existing upper class at Rome was more inclined than the
old curule families had been to obey its master, and its
services were wanted in the provinces where work had to be
done which none but upper class Romans could perform.
It was better for Octavianus that the men of the upper
class at Rome should be amused with shadowy privileges
than that they should conspire to murder him as they
had murdered Julius. And lastly Octavianus must have
remembered that, in case citizens in Rome of any class
made any use that he disliked of the privileges that he gave
them, he could call in the army and take away the privileges :
on the other hand, if the privileges were employed in a way
that he approved, a senate and an assembly at Rome might
at some future time actually be useful : for it was quite
conceivable that the army under some weak successor of
Augustus might again break up into armies, and then the
civilian senate might serve as a check on military violence.
The result of the decision adopted by Octavianus was that
in Rome, though he was sovereign, he bore himself as a
citizen. In 27 B.C. four years after the battle of Actium, he
resigned the irregular powers that he had seized under his
agreement with Antonius and Lepidus and under subsequent
agreements made with Antonius, and accepted as a gift from
the senate and the assembly such powers as sufficed for his
security. From the senate he received the power of im-
perator, or the right to be proconsul and supreme commander
in all the provinces, together with the titles of princeps and
Augustus, which had not as yet any definite meaning : from
the assembly he accepted the tribunicia potestas or chief
civilian magistracy over all Roman citizens.1
But though Octavianus, whom we must henceforth call
Augustus, had been offered the proconsular imperium in all
the provinces he declined to exercise it except in those of
1 Mommsen, Staatnrecht, vol. 2, 787-821, in edition of 1875.
288 AUGUSTUS [chap. xvii.
them which required the presence of large armies. Out of
the twenty two provinces twelve were unlikely to be dis-
turbed by war: these were left at the disposal
Moderation _ . , .. , ...
of Octav- °t the senate and were called senatorial provinces.
ianus ^he other ten were kept by Augustus under his
Augustus. r f . ° .
own control and were called imperial provinces.
In the senatorial provinces the resident commanders were
proconsuls or proprietors nominated by the senate, subject
to the approval of the emperor; in the imperial provinces
the commanders were legati Augusti, lieutenants of the
emperor and appointed by him.1 Towards the senate and
the assembly the demeanour of Augustus was unassuming.
He habitually consulted the senate on matters of great
importance, and received from it such advice as the senators
thought would be pleasing to him: he permitted the
centuries to elect curule magistrates and the tribes to elect
tribunes, merely indicating those candidates whom he
wished to see successful. Throughout his long reign he was
only troubled with four plots of senators for his assassination,
and at the end of it senators and citizens alike recognised
that he had been a kind and considerate master.
As the army was the only powerful body of men in the
world Augustus gave it a large share of his attention.
^ During the two years of civil strife that followed
The army ° J
under the murder of Julius the armies of the contending
ugustus. commanders had amounted in the aggregate to
seventy five legions and a great quantity of auxiliary troops.
The strength of the army at the disposal of Augustus after
the battle of Actium has not been recorded, but we can
calculate that it cannot have been less than fifty legions
with many extra-legionary auxiliaries.2 In the immunity
from civil wars that followed the battle of Actium this large
1 Diet. Biogr., article 'Augustus,' vol. 1, 428.
2 Marquardt, Staatsmc, vol. 2, 430, 431 in edition of 1876.
chap, xvil] AUGUSTUS 289
force was no longer needed, and, if it had been needed,
Augustus had not the money to maintain it: accordingly
he disbanded parts of it as soon as he could. In 30 B.C. he
planted many of his veterans in twenty eight colonies in
Italy, giving every man a plot of land : in 14 B.C. he pro-
vided in like manner for discharged veterans in a great
number of colonies in the provinces : x in 5 a.d. he decreed
that every legionary soldier on getting his discharge after
twenty years' service should receive three thousand denarii
containing silver worth a hundred and twenty pounds in
our currency.2 In a.d. 8, when the reductions had been
completed, the army consisted of twenty eight legions
containing about a hundred and forty thousand men, and
of auxiliary forces not much inferior in numbers to the
legionaries,3 divided into regiments of cavalry and regiments
of infantry called respectively alee and cohortes. The legions
and the auxiliaries were all stationed in the provinces and
mainly on the frontiers of the empire. In Italy the only
military forces were nine praetorian cohorts each a thousand
strong, which served the emperor as a body guard, three
cohortes urbance resembling the praetorian cohorts but less
highly paid, and the cohortes vigilum which performed the
duties of fire-watch and police for the Roman capital.
The defence of the frontiers led Augustus insensibly into
making fresh conquests. Some of his generals annexed all
the south side of the Danube from its source in conquests of
the Black Forest to its mouths in the Euxine Sea. Aus«stus.
Others much further north pushed across the Rhine, and
after very hard fighting with the German tribes got a fairly
firm hold of the valley of the river Lippe, which joins the
Rhine about fifty miles north west of Cologne, and obtained a
1 Marquardt, Staatavw., 1. 450, 452, ed. of 1873.
2 Dion Cass. 55. 23. ; Marquardt, lb., 2. 545.
:! Tac. Ann. 4. 5., last four lines.
T
290 AUGUSTUS [chap. xvii.
more precarious tenure of lands further east on the Elbe.
A Roman army of occupation was planted in B.C. 10 about
Aliso (Elsen) near the source of the Lippe, but was
destroyed eighteen years later in a.d. 9, when three legions
and their auxiliaries under Varus were cut to pieces in the
conflict or massacre of the Teutoburgerwald, which may
perhaps be regarded as the most momentous of all military
operations in the world's history, since it restored inde-
pendence to those German tribesmen, whose descendants
long afterwards were the founders of the principal states
of mediaeval and modern Europe. Augustus in choosing
commanders for his wars beyond the frontiers was no doubt
mindful of the histories of Sulla and Pompeius and Csesar,
and did not forget that generals who were allowed to
conquer fresh territory might after their victories seek
to be masters of the Roman dominions. For this reason
all the men to whom he gave opportunities of winning great
military renown were selected from those bound to him by
ties of family and deeply interested in maintaining the
stability of his dynasty : they were Agrippa his son-in-law,
Tiberius and Drusus his stepsons, and, after the death of
Drusus, Germanicus son of Drusus. All these men showed
great military capacity, and were perfectly faithful to their
master. But Augustus, in beginning his wars of conquest,
had forgotten that even when a general is perfectly loyal
his soldiers may seek to raise him to an eminence which he
does not desire. It was probably some inkling of danger
that might arise from insubordination in a victorious army
that led him to express in one of three documents that he
left behind him at his death the opinion that further
additions to the Roman territory were undesirable.1
During the last few years of his reign Augustus employed
his stepson Tiberius as his colleague in the government of
1 Tac. Ann. 1. 11. end, with Suetonius, Oct. 101, and Dion C. 56. 33.
chap, xvil] TIBERIUS 291
Italy and the empire; and when he died all men in Rome
assumed that Tiberius, now fifty five years old, would be his
successor. The only possible rival of Tiberius .
-. . . Accession of
was his young nephew Germamcus, the brilliant, Tiberius,
victorious, and popular commander of eight I4AD-
legions and of large auxiliary forces in the two Germanise :
and Germanicus did not wish to compete against Tiberius.
But even so Tiberius could not step into the empire as into
an inheritance : it was not at all certain that Augustus had
any right that would be recognised by the armies in the
provinces to nominate his successor. Tiberius remembered
that Augustus had accepted the proconsular imperium as
a gift from the senate, and he resolved to follow his example.
The senate was glad to get a recognition of its competence
to confer the empire, and after debates in which individual
senators made clumsy efforts to gain the favour of the
new emperor, it readily gave Tiberius for his life and not
for a term of years all the powers that Augustus had
enjoyed.1
Only a few days after Tiberius had received the empire
from the senate he was confronted with most formidable
mutinies in two of the armies on the frontiers. MUtinies
The whole number of the legions was twenty the frontiers,
five. Fourteen quartered in various provinces I4 ' '
remained quiescent; but three in Pannonia on the upper
valley of the river Save threatened their officers in the
hope of getting easier conditions of service, four in Germania
Inferior tried to set up their commander Germanicus as
emperor, and four more in Germania Superior wavered
visibly in their allegiance. Germanicus who commanded
in both the Germanise honestly but with great difficulty
induced the eight legions in those provinces to return to
obedience : and the outbreak in Pannonia was quelled by
1 Tac. Ann. 1. 11-14.
292 TIBEKIUS [chap. xvii.
Drusus son of Tiberius. Tiberius saw that Germanicus had
been faithful and left him for two years more to fight
against the Germans beyond the Rhine. After that he
sent him to Syria where no warfare was required, and in the
year 19 a.d. was probably relieved at hearing the announce-
ment of his death.
The two instruments that Tiberius used for the govern-
ment of the empire were the armies in the provinces and the
senate in Rome. After the suppression of the
Tiberius in great mutinies and the death of Germanicus he
the provinces trusted the armies, and his rule in the provinces
and in Rome. , _
was confident and beneficent. But m Rome,
though he paid deference to the assembled senate, he dis-
trusted individual senators. He remembered no doubt that
senators had murdered Julius, that senators had hoped to
murder Augustus, and that members of the existing senate
were elated at the part they had recently played in dis-
posing of the empire. His mistrust of senators was artfully
encouraged by his confidant iElius Sejanus, the prefect of the
praetorian guards, and from the ninth year of his reign,
a.d. 23, his government in Rome became suspicious and
repressive. He believed informers who charged senators
with high treason, and either got the senate to condemn
the accused to death, or so frightened them that they
voluntarily put an end to their lives.
The suggestions of Sejanus made a permanent change in
the methods by which the inhabitants of Rome were kept
in subjection. During the reign of Augustus and
theVraetorian in the early years of Tiberius only three of the
cohorts, nme praetorian cohorts that formed the house-
23 A.D.
hold brigade had been stationed in Rome, and
even of those three the soldiers had no common quarters but
were billeted in houses about the city ; the other six cohorts
were encamped in Italian towns, especially in those towns
chap, xvn.] CLAUDIAN DYNASTY 293
in which the emperor had a residence.1 In a.d. 23 Sejanus,
being prefect of the praetorians, obtained his master's leave
to collect all his nine cohorts into a camp just outside the
north eastern corner of Rome where they could be lodged
in barracks. After their concentration the praetorian cohorts
became much more ready for action, and on the deaths of
Tiberius and of his next two successors they or their prefects
determined which member of the imperial family should
be made ruler of the world.
Tiberius bore the family name of Claudius Nero, and was
the first of the Claudian dynasty : after him came three
more Claudii. All the four Claudii were op-
.. , . „ . , The Claudian
pressors or senators: but the first three took dynasty,
care to be either respected or liked by their j4A.d.-
.r J 68 A.D.
legions on the frontiers. Nero, the fourth of
the dynasty, never during the fourteen years of his reign
went near any of the armies in the provinces. In the year
67 he conceived a groundless suspicion that some of his best
generals were likely to supplant him and summoned three
of them to appear before him in Greece. Domitius Corbulo,
one of the ablest and most faithful generals that ever served
a Roman emperor, came from Syria, and two Scribonii from
the two Germanise : all three on their arrival were obliged
to put themselves to death.2 After this all the generals in
the provinces saw that rebellion might be the only way to
save their lives : but all were loath to act, because, though it
would be easy to get rid of Nero, it would be hard to settle
who should reign in his stead.
In the spring of 68 Galba, legate of Hither Spain, learned
through an intercepted letter that Nero intended to kill
him, and saw that his only chance of escape lay in rebellion.3
Though his revolt was supported only by the small army
1 Sueton. Oct. 49 ; Marqnardt, Staatsvw., 2. 461 in ed. of 1876.
■ Dion C. 63. 17. 8 Suetonius, Galba, 9.
294 GALBA, OTHO, [chap. xyii.
of the Spanish province and by the praetorian cohorts in
Rome, it sufficed to end Nero's life. But in January 69,
Wars to soon a^ter Galba arrived in Rome, the soldiers
settle the murdered him and set up Otho in his stead:
succession
68 and about the same time the eight legions in the two
69 a. d. Germanise proclaimed Vitellius, and six months
later seven legions in Egypt and Judaea and Syria offered
the empire to Flavius Vespasianus. Fierce wars among the
armies brought great destruction of life and property both
on the soldiers and on the civilian population of northern
Italy. The generals of Vespasian, being joined by five
legions and by some cohorts stationed in the Danubian
provinces prevailed over their opponents, and in December
of the year 69 Vitellius, the last rival of Vespasian, was slain.
While the contest between Vitellius and Vespasian was still
undecided, the Batavi, ancestors of the modern Dutch people,
made an attempt under Civilis to regain their independence :
in the year 70 their courageous rebellion was crushed and
Vespasian reigned over all the empire that had belonged to
the Claudian emperors.1
As the terrible conflicts of the year 69 were begun and
decided solely by armies and generals, it may repay us if
_. „ we notice what were the materials of which
The Roman
armies, the armies were composed. The units in the
armies were legions, auxiliary cohorts and ala?,
and the praetorian cohorts. The praetorian cohorts were
recruited exclusively from Roman citizens resident in
Italy:2 the service in them was easy and brought with
it so many advantages that Italians did not disdain to
undertake it. The auxiliary cohorts and alas, with the
exception of a dozen or a score of cohorts of Italian
1 Tacitus begins the five books of his Historieb with the revolt of Galba :
the fifth book went as far as the complete victory of Vespasian, but a piece
at the end has been lost.
2 Tac. Ann. 4. 5.
chap, xvil] VITELLIUS, VESPASIAN 295
volunteers1 were filled entirely with provincials who were
not Roman citizens or with barbarians from beyond the
limits of the empire : their business was to help the
legions stationed on the frontiers of the Roman dominions,
and the number of the men enrolled in them was at
most times approximately equal to the number in the
legions.2 In regard to the legions we do not find in
ancient writers any explicit statement to inform us whether
all the men serving in them were Roman citizens: but
Marquardt, whose opinion on this question I value more
than any other, declares without reserve his belief that
they were.3 While I do not think his reasons for his
belief, given in his notes, are perfectly convincing, I can
without disputing his conclusion, point out that one great
change in the composition of the legions was certainly
made between the time of Julius Caesar and the death of
Nero. In 58 B.C. when Julius became proconsul of the
Gallic provinces all the men in the legions were natives
of Italy : at the death of Nero all of them, with casual
exceptions of infinitesimal minuteness, were natives of the
provinces.
The first legion levied outside of Italy was the Fifth,
called Alauda, raised by Julius in 55 B.C., in his province of
transalpine Gaul, probably from the colonies of
Roman citizens in Gallia Narbonensis.4 In the the composi-
fourteen years of intermittent civil war that /°"° e
came between the murder of Julius and the 58 b.c-
battle of Actium many of the legions under
Brutus and Cassius and all those under M. Antonius must
have been recruited outside of Italy. Whether Octavianus
1 The largest number of the cohorts of volunteers that we know to have
existed till the time of Domitian, 81 A.D.-96 a.d., is eight. At a later time
there were thirty-two : see Marquardt, Staatsvw. , 2. 452 n. 8, and 453 n. 2 in
ed. of 1876. a Tac. Ann. 4. 5.
3 Marquardt, Staatsvw., 2. 522 in ed. of 1876. 4 Suetonius, Julius, 24.
296 WARS BETWEEN [chap. xvii.
Augustus kept any of these legions permanently in his
service after he had defeated the generals who had made
them seems to be doubtful ; but he kept one which had
been raised by Deiotarus, king of Galatia in Asia Minor.
That legion was numbered the Twenty Second and bore the
name of Deiotariana: probably the soldiers in it received
Roman citizenship before it was reckoned as one of the
regular legions of the empire. After Octavianus had taken
the name of Augustus there ensued a period of a hundred
and four years in which no legion set foot in Italy. During
that long period, which ended only when Galba marched
from Hither Spain to Rome at the end of 68 a.d., all the
legions were quartered on the frontiers, and some of them
remained in the same station for many years; thus for
example the First Legion, Germanica, and the Fifth,
Alauda, were in Germania Inferior in a.d. 14 at the
accession of Tiberius, and were still there fifty five years
later in a.d. 69 when they helped to salute Vitellius as
emperor.1 It is obvious that legions stationary on the
frontiers must have filled up vacancies in their ranks with
recruits from regions near to the places where they were
stationed, and not from Italy : but it is quite possible that
Marquardt is right in thinking that even in the distant
provinces so many towns received Roman citizenship and so
many colonies of Roman veterans were planted that the
inhabitants of the favoured towns and the descendants of
the veteran colonists sufficed to keep the legions up to a
full complement of Roman citizens.2
It is well worthy of remark that though a legion was
sometimes recruited almost entirely from a particular
region in the empire, the soldiers in it cared much for
their profession, and thought little of the places of their
1 Tac. Ann. 1. 31, and Hist. 1. 55.
2 Marquardt, Staatsvw., 2. 523, ed. of 1876.
chap, xvii.] ARMIES 297
birth. They were proud to be Roman soldiers and eager
to gain promotion or rewards in military service, and
detached themselves from their native soil. If Wars
it had been otherwise, wars between armies between
... , , , . . . ^ armies did
might have broken the empire into different not break up
states: as it was, when two armies had fought the empire,
and decided which was the stronger, the soldiers in the
defeated army simply continued their military career by
taking service under the general of their victorious
opponents. The durability of the empire of the Caesars
rested mainly on the fact that there were no strong bodies
of men in it except armies of mercenary soldiers who cared
for nothing but their profession.
For a hundred and ten years after the accession of
Vespasian the civilised world enjoyed general tranquillity
under the paternal government of the Flavian Tranquillity
dynasty founded by Vespasian and under the and paternal
Adoptive emperors. Vespasian did his work of 70 a. D.-
conquest thoroughly, and when it was done l8oAD-
neither generals nor armies had any stomach for rash
rebellions, and senators were not even suspected except in
the reign of Domitian of scheming to effect assassination.
From Vespasian onwards till 180 a.d. no emperor except
Domitian died unprovided with a competent and clearly
designated successor: the Flavian dynasty lasted twenty
six years, Nerva who came next after it adopted Trajan,
Trajan showed that he intended his cousin Hadrian to
succeed him by giving him the command in the war on the
Euphrates, Hadrian adopted Antoninus Pius, and Antoninus
adopted Marcus Aurelius. All the emperors till 180 a.d., not
even excepting Domitian, attended in person to the work of
government, and from the reign of Hadrian they acquired
very efficient helpers in their fatherly rule through the
institution of a paid council of jurisconsults, the first civilians
298 ADOPTIVE EMPERORS [chap. xvii.
placed in high office since the foundation of the empire.
After the council was established changes in the law were
made no longer by praetorian edict, but only by the emperor
with his skilled advisers.1 All the Flavian and Adoptive
emperors were respected by the armies and by the inhabit-
ants of the provinces: even in Rome only Domitian was
hated, and he alone met with a violent death, murdered by
his own servants.
During the reigns of the Flavii and of the Adoptive
emperors the civilised part of the human race was in
possession of greater material wellbeing than it
stagnation na(^ ever known : but it produced fewer men
of private whose doings posterity cared to remember than
and thought, m anv period of equal duration since civilisation
70 A. D.- began. The emperors and their servants did
180 a.d. .
nearly everything that was to be done, and little
spontaneous action was left for their subjects to undertake.
Latin literature ended about 120 a.d., with Juvenal, Tacitus,
Martial and the younger Pliny : Greek literature about a
generation later with Lucian. There was no coherent
community larger than a city anywhere outside of Italy :
and if a city in Asia Minor wished to build an aqueduct or
a gymnasium it had to ask leave of an imperial legate before
anything could be done.2 The only groups of men who
acted without seeking leave of the imperial officers were
congregations of Christians which had grown up certainly
in some cities of the eastern provinces and in Rome, and
probably also in other parts of the empire. The emperors
regarded their independence as setting a bad example, and
occasionally tried to destroy it by punishing their leaders :
Ignatius, Bishop of Antioch, was executed in the time of
1 On the council of the emperor, see E. Cuq in Memoires de I'lnstitul,
'Inscriptions,' vol. 9. Diet. Antiq., under the word Edictum.
3 Pliny, Epist., book 10.
chap, xvil] SEPTIMIAN DYNASTY 299
Trajan, and Polycarp of Smyrna in the reign of Marcus
Aurelius. Outside of the little Christian congregations
thought and inquiry were dormant : no man discovered
anything of value in the period of the Adoptive emperors
except Galen the physician and Ptolemy the astronomer.
The period of the Flavian dynasty and the Adoptive
emperors exhibits the best results ever achieved by the
empire of the Caesars. After the death of
Marcus Aurelius in 180 a.d. there were for more dynasty,
than a century no emperors capable of ruling as I93^*^'"
benevolent despots. The vices and follies of
young Commodus soon disgusted mankind : on the last day
of 192 he was slain by his servants. Septimius Severus, an
African, was a good general and had enough of the qualities
of a statesman to enable him to found a dynasty that lasted
for more than forty years. He radically changed the
character of the praetorian cohorts by composing them of
the very best soldiers to be found anywhere in the army.
As he perceived that the great jurists were the most trust-
worthy upholders of despotic government that could be
found in the empire he chose the best man among them
and made him prefect of the praetorian cohorts, assigning
him at the same time the duties of first judge of appeal for
all cases in the empire. Henceforth the praetorian prefect
was usually second in power after the emperor, and was
almost always a highly trained jurist. But one part of the
conduct of Septimius was extremely unwise : he greatly
increased the pay of the soldiers and neglected to keep them
under discipline and firm control. In 217 an army on active
service near Edessa murdered his son Caracalla, who was
then the reigning emperor, and the Septimian dynasty was
only carried on till 235 through the feeble reigns of the
loathsome Elagabalus and the too respectable Alexander
Severus.
300 PERIOD OF FEEBLE EMPERORS [chap. xvii.
After Alexander Severus had been murdered in a camp
near the Rhine, the authority and power of the emperors
'-' ,M declined visibly and with little intermission for
Rapid J
decline of nearly half a century. Till 253 armies killed
authority emperors and made emperors as they chose, and
235A.D.- m selecting a new emperor usually preferred a
man with no Italian descent who had begun his
military service at the very bottom as an ordinary legionary.
From 240 the empire was attacked by Franks, Alamans,
Goths and Persians. In 260 Shahpur, the second of the
newly founded Persian dynasty of the Sassanidse, took the
old emperor Valerian captive, and the provinces were divided
among many local emperors. Between 270 and 274 Aurelian
put down the local emperors and recovered from the bar-
barians all the territory they had occupied except the large
province of Dacia, which Trajan had annexed to the empire.
But even Aurelian betrayed his opinion of the condition
of the empire when he thought it necessary to surround the
city of Rome with a strong outer wall for defence : and after
he had been murdered by one of his secretaries, the emperors
for the next nine years with the exception of Probus were as
transitory and as weak as those who followed immediately
after the extinction of the Septimian dynasty.
In the year 284 an army which had been engaged in a
campaign against the Persians was marching back towards
, Europe under the command of an emperor.
Accession of r x
Diocletian, When it arrived near the Bosporus, the soldiers
2^ ' ' discovered that the emperor whom they believed
to be their commander had been for some days a corpse, and
that the orders they had imagined to be issued by him had
really been given by his praetorian prefect who was also his
father-in-law. The officers of the army proposed and the
soldiers agreed that the officers should meet in council and
select a new emperor. Diocletian on whom their choice
chap, xvii.] DIOCLETIAN 301
fell, though his parents had been domestic slaves, proved to
be a greater statesman than any emperor since Augustus
and to be the beginner of a new system of imperial govern-
ment.
Diocletian began by evading an obstacle to his projects.
During the nine years that had elapsed since the murder
of Aurelian the senate had been raised by a ^. . .
•* Diocletian
seemingly capricious action of the legions and by absent from
the acquiescence of emperors to greater authority Rome-
than it had enjoyed since Julius Csesar crossed the Rubicon.
It had been requested by the legions to choose a man to
fill the place of Aurelian and had been allowed eight months
for consideration before it made its choice. The man whom
it nominated had been accepted by the legions, and after his
death the strong emperor Probus who reigned from 276 to
282 professed to regard the senate as his own superior in
dignity and authority.1 Diocletian, on being chosen emperor
two years after Probus had been murdered by his soldiers,
resolved at once that the new influence of the senate should
not stand in his way, and saw that it could be destroyed by
neglect. He fixed the seat of his government at Nicomedia
in Asia Minor near the sea of Propontis, and did not, so far
as we know, visit Rome till the nineteenth year of his reign.
From his time the ancient capital of the empire ceased to be
a residence of emperors and the influence of the senate was
at an end.
The main work of Diocletian was the initiation of great
improvements in the administrative system of the empire,
which were carried further within forty years after the
end of his reign. At his accession the machinery for the
control of local governors was insufficient. The provinces,
1 Hist. Aug. 27. {Probus), ch. 11. The speech of Probus there inserted
may not be genuine, but the author Vopiscus, who wrote within thirty years
of the death of Probus, could not be entirely wrong about his behaviour.
302 CHANGES MADE [chap. xyii.
which under Augustus were only twenty two, had been
divided and subdivided till they were more than a hundred.
_. . ^ , All questions that arose in any of the provinces
Diocletians x .
administra- had to be decided at the emperor's residence either
tive changes, -^y one 0f tne two praetorian prefects or by some of
the officials of the palace or in the last resort by the emperor
himself: and the work of deciding them was more than
could be done at any one seat of government. Diocletian
lessened the amount of business that oppressed the officials
of his court at Nicomedia by setting up other centres of
imperial administration. The eastern half of the empire was
predominantly Greek : the western half was largely Latin.
In the third year of his reign the emperor divided his
dominions into an eastern half and a western half, each
under an Augustus : he himself continued to rule the east
and to supervise the whole from Nicomedia, but he placed
the west under the immediate control of another Augustus
resident at Milan. Six years later in 292 he subdivided the
two halves of the empire. Both the eastern half and the
western were nearly free from enemies on the south, but on
the north had a frontier exposed to the barbarians of central
Europe. Diocletian resolved that the two Augusti should
undertake in future the direct government only of the more
tranquil southern parts of their halves of the empire, and
that each should have a Caesar under him to protect the
northern boundary where danger threatened. The Caesar of
the east governed the provinces on the Danube with his
residence at Sirmium about forty miles west of the modern
Belgrade: the Caesar of the west controlled Gaul and
Britain from Treveri on the Mosel, which we usually call by
its French name Treves. Each Augustus and each Caesar
had a court and officers to help him with the work of
government : in particular he had a praetorian prefect as his
right hand man. In order to lighten the labour of the
chap, xvil] BY DIOCLETIAN 303
praetorian prefects the whole empire was divided into twelve
dioeceses : the vicarii, or vice prefects, who superintended
them could settle minor matters without transmitting them
for the consideration of their superior officers the praetorian
prefects.1
Beyond all this Diocletian hoped also to make permanent
rules for the succession to the imperial authority and so to
provide against the recurrence of wars between Diocletian's
rival generals. He laid it down that each provisions
Augustus was to adopt his Caesar, and when succession
the Augustus ceased to reign the Ca)sar was to of emPerors-
become Augustus and was to adopt a new Caesar. As the
praetorian cohorts had often been presumptuous during
vacancies of the imperial office, they were disbanded, and
the duty of guarding the emperors was entrusted to two
legions recruited in Illyria which was the birthplace of
Diocletian.
As long as Diocletian was emperor, his system of govern-
ment worked well, because the other Augustus and both
Caesares conformed to his wishes. In 305, when
he had reigned twenty years, he decided to wars
abdicate. The other Augustus followed his between
° t pretenders.
example : the two Caesares became Augusti, two
new Caesares were adopted, and for one year more all went
as Diocletian had desired. But in 306 on the death of
Constantius who was then Augustus of the west the question
who should aspire to be emperor was settled not by the
regulations of Diocletian but by the caprice of armies. In 308
there were six pretenders : in 312 a most sanguinary war
gave possession of Italy and the west to Constantine son of
Constantius : in 323 another fierce conflict made him master
of the whole empire. As he, like Diocletian, desired to
1 For the evidence about Diocletian's administrative changes see Gibbon,
ed. Bury, vol. 2, appendices 10 and 11.
304 NEW SYSTEM [chap. xvii.
absent himself from Rome and to have a station, whence
he could command Europe or Asia at pleasure, he fixed his
residence at Byzantium on the Bosporus.
Constantine reigned over Gaul and Britain for six years,
over western Europe for eleven, and over the whole empire
Constantine for fourteen more. One part of the work of his
the Great. life consisted in the completion of the adminis-
trative changes which Diocletian had begun, the other and
more famous part in his adoption of a system of Christian
doctrines as the foundation of the religion of the empire,
and at the end of his life his public expression of his belief
in those doctrines.
Diocletian and Constantine between them transformed
the government of the empire. When their innovations
. . were completed civil office and military com-
Administra- r § ^
tive system mand were kept distinct and were not entrusted
rom337 . . to ^q same persons: the officials who, under
the emperor, performed the work of government were
ranged in three orders, the civil servants, the military com-
manders, and the ministers of the palace. The civil servants
gathered the taxes, administered justice, and made the
emperor's commands known to his subjects : the military
commanders protected the frontiers, and if necessary en-
forced the orders issued by the civil servants : the ministers
of the palace provided for the splendour of the court,
aided the emperor in drawing up the edicts which he issued
to civil servants and military commanders, and were his ad-
visers on any matters on which he thought fit to consult them.
At the head of the civil service stood six prefects.
Four were praetorian prefects, and the great regions under
Civil their charge, called the prefectures, embraced
service. nearly the whole empire : the other two prefects
took their titles from the cities of Rome and Constantinople,
but the prefect of Rome also ruled a good part of Italy.
chap, xvil] OF GOVERNMENT 305
Next after the prefects came thirteen vicarii, whose districts
were called diceceses: outside of Italy and Constantinople
the diceceses were large countries : thus in the prcefectura
Galliarum the diosceses were Gaul, Spain and Britain. The
last of the great civilian officers were a hundred and sixteen
rulers of single provinces : in the provinces known as
Africa, Asia, and Achaia they still bore the old name of
proconsul : elsewhere they were consulares, correctores or
prcesides. Though their titles varied, all alike were subject
to their vicarius and their prefect.1
The highest military commanders were eight magistri
militum. Four had local commands, and among them the
magister militum per Gallias had the largest
army and the hardest task to perform, because
he had to defend the empire from the Germans : the other
four were retained at court. After the magistri militum
came eight counts, charged with the command in important
districts : below them in rank were twenty five lesser
officers known as dukes. The army was increased in size
till it contained probably more than half a million of men ;
but service in it was disliked since it now brought no plunder,
and the soldiers were as lethargic as all other subjects of the
emperor who were not engaged in theological controversies.
Seven ministers managed the imperial household. The
duties of the chamberlain, the count of the privy purse, and of
the counts of the foot guards and of the horse The
guards can be understood from their titles, household.
The Count of the Sacred Largesses was treasurer of the
public revenue, and his title indicated that all payments
made by the emperor came from his voluntary bounty :
the officers whom he directed as well as paid were the
managers of the mints and of the factories of weavers, dyers,
1 Our authority for the civil service and for other branches of Constantine's
system is the Notitia Dignitatum, drawn up about 400 a.d.
U
306 BtTREAUCRACY [chap. xvii.
and needle women, scattered abroad throughout the empire,
in which ornaments for the palace and clothes for the
soldiers were produced. The Master of the Offices managed
the correspondence of the emperor with his subjects, and
presided over the armourers and arsenals. The Quaestor
was the draftsman of the emperor's laws and speeches and
despatches. All the ministers however of the household
depended for their relative importance more on the share of
the emperor's confidence that they enjoyed, than on the
magnitude of their departmental functions.1
The whole work of government was done under the
emperor by the civil servants. The prefects sent orders to
p f the vicarii, the vicarii to the governors of pro-
the civil vinces, the governors of provinces through their
servants transmitted them to the subjects.
From the commands given by the lowest of the civil servants
the most distinguished subjects if they were not themselves
officials had no appeal except to some civil servant of a
higher grade: for the civil servants were the only judges
in the law courts and the decisions of the highest civil
servants were absolutely final.
It was characteristic of the imperial administration that
orders transmitted in writing governed all those actions
of the subjects which their rulers chose to dictate
to them : and the same characteristic must be
present in all systems of government in which assemblies
for discussion are non-existent. In France a government
conducted entirely in written orders was set up by Richelieu
and Louis Quatorze and lasted till the abdication of Napoleon.
The French either while it still existed in full force or when
its intensity was diminishing gave it the nickname of bureau-
cratic or tyranny of the writing desk. Although the word is
a mongrel, being half French and half Greek, it has survived,
1 Gibbon, chap. 17.
chap, xvil] MILITARY DECADENCE 307
and any government conducted by means of written des-
patches to the exclusion of public discussion is still generally
called a bureaucracy. Governments to which the name can be
applied are usually found in political aggregates that bear some
resemblance to the empire of the Caesars and not elsewhere.
The dealings of Constantine with the Christians are far
too numerous and varied to be briefly described. It must
suffice to say that from the beginning of his reign
in Gaul and Britain he protected his Christian dealings
subjects from persecution. In 325, soon after he christians
became master of the whole empire, he was patron
of an assembly of more than three hundred bishops held at
Nicaea not far from Nicomedia and his new capital Byzant-
ium henceforth called Constantinople. The bishops came
mainly from the eastern part of the empire to determine
theological questions : they adopted a system of doctrines
which from the place of their assembly was called Nicene,
and in so doing condemned a divergent system which was
advocated by Areius, a presbyter of Alexandria. Constantine
ratified the Nicene doctrines, and was for a time zealous in
disgracing those who dissented from them : three years
later he favoured the followers of Areius, but he had broken
entirely with the gods of Olympus, and to his death upheld
either the Nicene or the Arian theology. In his last illness
he requested the bishops at his palace of Nicomedia to give
him solemn admission into the Christian community.
After the death of Constantine the martial ardour of the
imperial armies declined. Even for fighting against one
another they no longer felt their old zest, and for Decline 0f
contending with the barbarians they showed vigour in the
their incapacity in the year 355 when Gaul was l^miesfroni
overrun by the Germans. On that occasion the 337 a.d.
integrity of the empire was restored by the military genius
of Julian, and till 395 it was, though often imperilled during
308 POWER OF BISHOPS [chap. xvii.
the reigns of weak sovereigns, kept nearly intact by the
distinguished abilities of the emperors Valentinian and
Theodosius,
As the emperors lost confidence in their armies they
needed support from elsewhere: and they found it in the
communities of the Christians. The congregations
fluence of °f tne Christians, which in the time of the adopt-
bishops, jve emperors had been small local gatherings of
men, were now joined together into churches, or
federations of congregations united by their systems of
theological doctrines. These churches were the only bodies
of men in the empire capable of any spontaneous activity,
and were therefore so powerful that no emperor after
Constantine except the pagan Julian disdained to seek their
support. But for more than forty years after Constantine's
death there were many churches : the church of the Nicene
faith and the church of the Arians were the strongest : the
rest were intermediate in doctrines between these two, or
divergent from both. In the eastern empire, more fond of
theological controversy than the western, disputes among
the churches occupied the attention of all men. Till 378
those emperors of the east who took most interest in the
disputes sought the support of the Arian church, but got
little advantage from it because the Nicene faith was steadily
gaining proselytes. When Theodosius became emperor in
379 he announced in an edict that he believed strictly in
the Nicene doctrines, and that he authorised the followers
of those doctrines to assume the title of Catholic Christians :
and when in 388 he conquered the western empire from a
usurper he took similar measures there also. Henceforth
there was only one authorised church, and its bishops were
a highly privileged order, whose highest dignitaries enjoyed
as much influence with the emperors as the prefects or the
chap, xvil] EMPIRE 309
ministers of the palace. Ambrose, Archbishop of Milan,
the capital of the western empire, was able to dictate a
policy to Theodosius in regard to a rebellious bishop, and
to impose on him a penance for a cruel massacre at
Thessalonica.1
The empire in the time of Theodosius was threatened
by external enemies, whose conquest of its western half
will have to be described in the next chapter. The word
Before however we consider the enemies of the 'empire.'
Caesars, we may pause to take note how their empire got
its name, and what are the other aggregates of peoples to
which the same name has been given.
The Caesars were the first men in European history who
permanently united many dissimilar peoples and cities
under a single government. Their power to History of
command was called imperium, and within a theword-
few years after the battle of Actium the same word was
also used to denote the dominions that obeyed them.2 The
aggregate of many peoples ruled by the Caesars was for
centuries the only concrete thing that was called imperium,
and so the word imperium was afterwards used to denote
any aggregate of many peoples under one government, which
even superficially resembled the empire of the Caesars.
Thus it has come about that we speak of the empires of
Charlemagne, of Otto the Great, of the Spanish Habsburgs,
of the Russian, Chinese and German empires, of the British
empire in India, and even of a British empire extending
into all continents. It is obvious that no group of qualities
common to all these things that are called empires can be
found, and therefore the word empire cannot be defined.
1 Gibbon, chap. 27. ed. Bury, vol. 3. 174.
2 Hor. Carm., 1. 2. 25. 'Quern vocet divum populua mentis Imperi
rebus ? '
310 EMPIRES [chap. xvii.
It follows that we cannot assume, because two things are
called empires, that they bear any resemblance to one
another.
Among the many aggregates of peoples that are called
empires those which seem to me to be in some important
respects like the empire of the Csesars are the
most like the Russian Empire and India under British rule.
empire of the The materials of which they were formed were
C cE S 3.TS
peoples too weak to govern themselves, or
even to maintain dynasties of despots in established control
over them. After the empires were formed their rulers
discovered, as the later Csesars discovered, that the easiest
way of governing them was to establish civil servants in
such authority that all subjects who were not in office must
obey them without question, and to support the civil
servants with a strong army of professional soldiers. In
one respect, however, the empire of the Caesars was far less
fortunate than either the Russian Empire or the British
Empire in India. The Russian Empire was founded by men
already long established as hereditary sovereigns over the
European Russians, even then a fairly coherent people, and
the Indian Empire by Englishmen subjects of the king of
the English nation : hence the empires now have as their
sovereigns those men who according to well established
rules succeed as sovereigns in European Russia and in Great
Britain, and are comfortably exempt from contests about
the succession. The empire of the Coesars was founded by
a general who was in no sense a sovereign, but merely
commander of an army of mercenary soldiers who obeyed
him because they chose. Hence, whenever there was no
emperor at Rome, an emperor had to be found either by
agreement between one general and all the armies of the
empire, or by conflicts among many generals at the head of
armies that chose to accept them as commanders.
chap, xvil] EMPIRES 311
As it has happened that the name empire is given
to some aggregates of peoples that are not like the
empire of the Caesars, so it has also chanced
L . . Rnlers not
that the name emperor is not given to some called
rulers whose authority did bear some resem- emPerorsj>ut
J comparable
blance to the power of the Caesars. The rulers with the
that I mean are some of the Popes, from aesars-
Gregory the Seventh to Innocent the Fourth, and Louis
Quatorze, King of France.
The three empires that I regard as comparable are the
empire of the Caesars, the Russian Empire, and India under
British rule. For the making of each of them _.
the conditions were first the existence of a mass comparable
of inert and disorganised peoples, and second the emmres-
presence of an active body of men with a comparatively
strong organisation. For the empire of the Caesars the
passive material was firstly the civilian population of
Italy, whose government, the senate, was effete, and
secondly the peoples of the provinces whose selfish and
arbitrary rulers had been changed every two or three
years. For the Russian Empire whose formation was
begun about 1550 by Ivan the Terrible and was con-
tinued to the end of the nineteenth century, the first
mass of inert matter was a quantity of Tartar tribes that
had been brought westward from the lofty region of the
Pamirs on the flood that started under Jinghis Khan in
the thirteenth century, and had, when the tide of con-
quest ebbed, been left like a deposit of silt over all the
country between Kief on the Dnieper and Tobolsk on the
upper Obi. The active community that by conquest
founded the Russian Empire was the Russian people
around Moscow, which between 1362 and 1389 under
Dimitri Donski became nearly independent of the Tartars,
between 1462 and 1505 under Ivan the Great gained a
312 EMPIEES [chap. xvii.
strong government,1 and between 1550 and 1584 under Ivan
the Terrible conquered the Tartars from Azof to Tobolsk.
In the seventeenth century the Russians overpowered the
remaining Tartars between Kief and Azof, conquered
Lithuania, and annexed the sparse population of Siberia.
About 1700 under Peter the Great they looked more
definitely westward, and became masters of many weakly
governed peoples in Esthonia, Livonia, Ingrelia including
the site of St. Petersburg and the eastern part of Poland.2
For the making of the British Empire of India the material
consisted of a huge mass of Indian peoples which from
1658 to 1672 had suffered grievously from the persecutions
and weak government of their Mohammedan Mogul
Emperor Aurungzebe. After 1672 the Hindu Sivajee and
his successors had by revolt formed the central part of the
Mogul Empire into Mahratta, the Great Kingdom, and gave
it a strong government: but in 1761 it chanced that the
power of the Mahratta was shattered at the great battle
of Paniput by a descendant of Aurungzebe, who in spite of
his victory was not able to establish any systematic govern-
ment over the peoples whose army he had vanquished.3
The active force that eventually dominated all the
peoples of India was an English trading company first
founded in 1602 and reinforced in 1702 by the incorpora-
tion with it of a second company of like character. In
1765, four years after the battle of Paniput, the English
1 My authority for these statements is Bernhardy in Oncken's Staaten-
geschichten. The late Lord Acton told me that this is the best book for
beginning a study of Russian history, and his successor as Regius Professor
at Cambridge, Mr. J. B. Bury, confirms his opinion. I regret that I have
read it only to the reign of Ivan the Great.
2 Spruner, Hist. Atlas, second edition, published about 1850, gives an
excellent map of the conquests of the Russians. Droysen, Hist. Handatlas,
p. 72, is more elaborate but not so clear or so comprehensive.
3 Oxford Chron. Tables : Elphinstone, Hist, of India. Droysen, Hist.
Handatlas, p. 87.
chap, xvil] EMPIRES 313
company acquired Bengal, its first considerable territory in
India.
The government of the empire of the Caesars was con-
structed experimentally. Till 117 a.d. when Trajan died
both the central and the local authorities were
only the emperor, and many officers in command ments 0"f
of military forces. From the reign of Hadrian the V"-"
empires.
and still more from the time of Septimius Severus,
an increasing share in the work of the central government
was given to civilians, but provincial government was left
to military commanders. From the times of Diocletian and
Constantine nearly all the work of government properly so
called both at the centre and in the provinces was done by
great civilian officers trained in the study of the law : the
business of the army, which was increased in size, consisted
in defending the frontiers from the barbarians and in giving
support, if it were needed, to the civilian rulers. In the
Russian Empire and in India I do not attempt to follow
the processes by which the governments attained their final
form : it is probable that in them the process of experiment
was less laborious because their rulers knew something of
the result of experiments made in thp. prrmiro nf fho r'ooon™
ERRATUM
Page 312, note 1 : for Bernhardy in Oncken's Staaten-
geschichten read Bernhardt Geschichte Busslands, Zweiter
Theil, Leipzig, 1874.
312 EMPIRES [chap. xvii.
strong government,1 and between 1550 and 1584 under Ivan
the Terrible conquered the Tartars from Azof to Tobolsk.
In the seventeenth century the Russians overpowered the
remaining Tartars between Kief and Azof, conquered
Lithuania, and annexed the sparse population of Siberia.
About 1700 under Peter the Great they looked more
definitely westward, and became masters of many weakly
governed peoples in Esthonia, Livonia, Ingrelia including
the site of St. Petersburg and the eastern part of Poland.2
For the making of the British Empire of India the material
consisted of a huge mass of Indian peoples which from
1658 to 1672 had suffered grievously from the persecutions
and weak government of their Mohammedan Mogul
Emperor Aurungzebe. After 1672 the Hindu Sivajee and
his successors had by revolt formed the central part of the
Mogul Empire into Mahratta, the Great Kingdom, and gave
it a strong government: but in 1761 it chanced that the
power of the Mahratta was shattered at the great battle
of Paniput by a descendant of Aurungzebe, who in spite of
his victory was not able to establish any systematic govern-
ment over the peoples whose army he had vanquished.8
The active force that eventually dominated all the
chap, xvil] EMPIEES 313
company acquired Bengal, its first considerable territory in
India.
The government of the empire of the Caesars was con-
structed experimentally. Till 117 a.d. when Trajan died
both the central and the local authorities were
only the emperor, and many officers in command ments 0f
of military forces. From the reign of Hadrian the three
empires.
and still more from the time of Septimius Severus,
an increasing share in the work of the central government
was given to civilians, but provincial government was left
to military commanders. From the times of Diocletian and
Constantine nearly all the work of government properly so
called both at the centre and in the provinces was done by
great civilian officers trained in the study of the law : the
business of the army, which was increased in size, consisted
in defending the frontiers from the barbarians and in giving
support, if it were needed, to the civilian rulers. In the
Russian Empire and in India I do not attempt to follow
the processes by which the governments attained their final
form : it is probable that in them the process of experiment
was less laborious because their rulers knew something of
the result of experiments made in the empire of the Csesars
and in the Byzantine Empire, descended from the empire of
the Csesars. It is at any rate certain that both in the
Russian Empire and in India during the nineteenth century
the government bore an extremely close resemblance to
the government established by Diocletian and Constantine
for their dominions. Thus we may say that in all the three
empires founded by a strongly organised body of men through
conquest of disorganised peoples the government in its final
form was conducted by a single man at the head, with the
aid of a great body of trained civil servants, to whom and
through whom orders were transmitted in writing, and with
the support of a strong standing army of professional soldiers.
CHAPTER XVIII
BARBARIAN CONQUERORS OF CIVILISED PEOPLES
In the time of Theodosius all men in Europe outside the
empire were grouped in tribes, that is to say, in societies
living in the open country employed in military, agricultural
and pastoral pursuits, and ignorant of life in towns. All the
tribes in the area bounded by the Rhine, the Danube, and
the Vistula were of German race. In the country to the
north of the Black Sea Huns were arriving as barbarous
nomads from the lofty region of the Pamirs in central Asia :
to the east of the Vistula were Slavs, and on both sides of
the entrance of the Baltic Sea were Scandinavians.
Tribes are a sort of protoplasm out of which in the course
of many generations more definite bodies politic are made :
but they themselves may have little of durable
Tribes. J J
shape and structure. Groups of men are
cantons, groups of cantons are tribes, groups of tribes are
hordes or small kingdoms : but while men live in a tribal
condition any of their groupings may break up and form
new groupings unlike the old. Hence it is often impossible
to trace the filiation of tribal groups, and we cannot usually
have anything like a continuous history of men in a tribal
condition.
If tribesmen remain surrounded by no human beings
other than tribesmen, there arises out of their chaotic
confusion some kind of order, and in the course of ages
bodies politic are formed out of their descendants. If
314
chap, xviil] END OF THE WESTEEN EMPIRE 315
tribesmen mingle with men who are not tribesmen but live
in towns and have the habits and appliances of town life,
their career as tribesmen is ended. In Europe „ .
r Various
before the age of Theodosius one German tribe fortunes of
of Salian Franks had already gone into a Koman es'
province, and shortly after his death about half of the whole
population of Germany followed its example. In the present
chapter we shall consider the fate of those German tribes
which conquered Roman provinces and settled among the
subjects of the Caesars and there lost themselves. In
the following chapter we shall observe what happened to
the German tribes that did not mix with Romans, to the
Scandinavian tribes and to one or two other bodies of
somewhat similar character which formed themselves in
the Spanish peninsula.
From the year 400, when Theodosius had only been dead
five years, Italy was threatened by the Visigoths under
Alaric from the river Save in Pannonia. In 406
the imperial armies were withdrawn from the western
Rhine to give their services in Italy : the Germans emPire»
. . 400-476.
came swarming into Gaul and Spain, and the
garrison of Britain set up a usurping emperor and crossed
to the continent to try what it could gain. By 411 nothing
was left to the western empire except Italy and Africa and
some fragments of Gaul and Spain. In 429 Africa was
conquered by Vandals who came from Spain; in 476
Italy itself was conquered by a barbarian king, and the
empire of the Ca3sars in western Europe was at an end.
As the Germans not only conquered the western empire
but settled in it, they were compelled also to try to govern
it. Each band of settlers needed some ruling agency to
control the settlers themselves and the conquered Romans
among whom they established their dwellings. Hence the
two centuries after the death of Theodosius saw more
316 THE GERMANS [chap, xviii.
grouping of men under new governments than any period
of like duration in European history. The new groupings
_ G of men under governments cannot well be called
in the west- states because they lacked stability. They were
em empire. nQj. communjties because there was little in
common between the German ruling race and the subject
Romans: some of them could scarcely be called political
bodies because they were so misshapen. All however till
the year 800 were ruled by men who bore the title of king,
and till that time we may call them kingdoms.
The facts, which determined that the German kingdoms
established on territory which had been Roman must be
Their unstable and incoherent, are not far to seek,
conditions. The conquering Germans were rude tribesmen,
valiant fighters in war, but in peace rustic peasants : during
a campaign they obeyed their commanders because obedience
was necessary to success : in time of peace in their German
homes they had no government except that which they
themselves exercised in assemblies for deliberation or in
local courts for the administration of justice. The subject
Romans were incapable of fighting, their men of substance
were townsmen, accustomed to arts, appliances, and luxuries
of civilised life, and so thoroughly over governed for many
generations that even in the works of peace they could do
nothing except as they were bidden. Beside all this the
German settlers were few in comparison with their Romanised
subjects, and in many of their kingdoms they differed from
them in their religion. The political results that followed
from the settlement of the Germans in the western empire
will be made sufficiently manifest if we observe what
happened in Gaul, in Spain and in Italy.
The German peoples who settled in Gaul were Salian
Franks, Burgundians, and Visigoths. The Salian Franks
obtained a settlement in the extreme north, in a region
chap, xviil] IN THE EMPIRE 317
called Toxandria between the Scheldt and the Rhine as early
as 355-361 when Julian was Caesar in Gaul : between 407 and
419 the Burgundians got some territory in the G .
south east, and the Visigoths occupied Aquitaine 400 a. d.-
in the south west. By the year 486 the Salian S34
Franks, the Burgundians, and the Visigoths had divided all
Gaul among them and it was clear that Chlodovech or Clovis
who had then been king of the Salian Franks for five years
was stronger than either of his rivals. In 496 he was further
strengthened when he and the chief men of his German
followers became Catholic Christians, and thus adopted the
religion of the subject Romans : in 507 he conquered
Aquitaine from the Visigoths, and before his death in 511
he received the submission of the Ripuarian Franks, who
held territory on the Rhine, some of it probably on the
eastern side of the river and therefore in Germany.1 In
534 two of his sons overpowered the King of Burgundia, and
Salian princes ruled over all Gaul and over a strip of
Germany beyond the Rhine.
Chlodovech bequeathed separate kingdoms to his four
sons, and till 613 there were at most times four Gallic
kingdoms governed by Salian princes. Those Gaul, 534-
kingdoms which lay remote from the Rhine ^-
were entirely incoherent. The Germans in them were
scattered and could not meet in assemblies : the Romanised
Celts were unable to do anything but submit to any master
who claimed their obedience : and when the kings in the
three western kingdoms of Gaul broke up their dominions
by absurd transfers of territory none of their subjects
remonstrated. The kingdom on the banks of the Rhine
which included the territory that had belonged to the
Ripuarian Franks and from about 600 was known as
Austrasia, or the East land, was different from the rest,
1 Gregory of Tours, 2. 40 = 2. xxix in Omont's edition.
318 GAUL, SPAIN, [chap, xviii.
because it had territory in Germany, was constantly re-
cruited with new German immigrants, and was gradually
transformed into something like a German tribe. In 613
the Austrasian nobles, called leudes, set up a mayor of the
palace of their own choice as their ruler, and though after
that date the Austrasians sometimes allowed a Salian prince
to be called their king, their effective rulers were the mayors
of the palace. The western kingdoms of Gaul were joined
together in 628 under one king, and after that time western
Gaul was sometimes one kingdom, sometimes two or three :
but even when it was under a single sovereign it was not
so strong as Austrasia. In 687 Pippin mayor of Austrasia
defeated Ebroin mayor of the western kingdom, whose king
was a Salian, at the great battle of Testry between Amiens
and St Quentin : and thenceforth for three generations the
ruler of all the Franks in Gaul was an Austrasian mayor of
the palace,
Spain was invaded between 408 and 415 by Suevi,
Vandals, Alans, and Visigoths. In 419 the Visigoths went
backward over the Pyrennees into Aquitaine, and
408 a.d.- in 429 the Vandals went onward into Africa, so
713 a.d. that from 429 the Spanish peninsula was divided
between the Alans and the Suevi. But the Visigoths in
Aquitaine grew in strength, and Euric who became their
king in 466 advanced into Spain in great force, and in
477 became ruler of nearly the whole peninsula: after 507,
when Aquitaine was conquered by the Salian Chlodovech,
the Visigoths held no territory of much importance outside
of Spain, and their kings fixed their residence at Toledo.
Spain, being traversed by many ranges of mountains, is by
nature hard to keep under the control of a single ruler :
while it belonged to the Visigoths, local governors were
almost independent ; the nobles elected their kings, and, if
they disliked their government, got rid of them by murder
chap, xviii.] ITALY 319
or by open rebellion.1 One important attempt to strengthen
the kingly power was made in 587, when King Reccared
abjured the Arian form of Christian doctrine, and took in
its stead the Catholic form, which was the religion of the
Roman part of his subjects : it ended, however, not in
strengthening the Visigothic kings, but in making the
bishops as imperious as the nobles had been rebellious.
After 680 Spain was ruled less by kings than by prelates.2
In 710 bands of Mohammedan Moors and Arabs crossed
over from Africa, and by 713 made a conquest of all Spain
except some mountainous regions in the north. The dis-
tricts which they neglected to reduce were firstly Asturias
and Cantabria situate on the shore of the Bay of Biscay
and separated from the rest of Spain by a range of jagged
mountains, now famous for their beautiful scenery, and
secondly some valleys on the southern slope of the
Pyrennees about Jaca and Pampeluna. In these refuges
four bands of Christian fugitives were able to live apart
from the Moors. These little bands of refugees were the
first groups of men formed in western Europe since the
coming of the Germans that had common aims and
interests and territory which they cared to defend, and
therefore deserved to be called political communities.
The first settlement of Germans in Italy was made in
493 by the Ostrogoths. Their king Theodoric had been
educated at the court of Constantinople to
which he had been sent as a hostage in his 493 a.d.-
childhood, and was anything but a barbarian 774 ' '
or a destroyer. When he and his Gothic warriors con-
quered Italy in 493 he retained the Roman method of
administration under a proetorian prefect and correctores
for the government of the vanquished Italians, who con-
stituted nine tenths or more probably nineteen twentieths
1 Oman, The Dark Ages, 131-144. 2 Ibid., 221-2H4.
320 ITALY [chap, xviii.
of his subjects: his Goths, who in comparison with the
Italians were but a handful, settled as yeomen on lands
that he assigned to them, and were permitted to manage
their own affairs almost as freely as if they had been in
Germany, provided that they were ready to serve in war
when they were summoned. Under Theodoric the govern-
ment of the Italians was as Roman as it had been under
Constantine, but more efficient than it had been since the
reign of the emperor Theodosius. At the death of Theodoric
the Ostrogoth in 526, his kingdom, which he had ruled with
justice and power for thirty three years, passed to a feeble
successor. Between 534 and 555 it was conquered by
Belisarius and Narses, generals in the service of Justinian,
the emperor who reigned at Constantinople, and when the
conquest was completed it was ruled for twelve years by
officials of the eastern Roman empire. Thus till 567 the
Italians were governed continuously under the methods
of administration which Diocletian and Constantine had
established. But then hordes of Germans more barbaric
than any who had yet entered the empire gathered beyond
the Alps: in the next year 568 they advanced southward
under Alboin, king of the Lombards, and conquered all
Italy except the districts round Ravenna and Rome and
the promontories which jut out in the south towards Sicily
and towards Greece. The new comers were not a single
tribe under an established king but many bands of
adventurers under a captain chosen by them to lead
them to victory: within seven years of their arrival in
Italy the country was divided into thirty independent
duchies, and each duke ruled as he chose. In 584 the
dukes elected a king, and for nearly two centuries after-
wards there was a Lombard kingdom : but its kings were
elected by the nobles, and were no more capable than the
Visigothic kings in Spain of establishing and maintaining
chap, xviil] BISHOPS OF ROME 321
orderly government. In 752 and 772 some follies com-
mitted by Lombard kings furnished powerful Austrasian
rulers with pretexts for intervening in Italy, and in 774
the last of the Lombards surrendered his dominions to a
conqueror from beyond the Alps.
While the administrative system of the Caesars was
perishing, and the Germans were showing their inability
to establish orderly governments to take its „
* ° Growing
place, the Catholic clergy gained a ruler belong- power of the
ing to their own body. It has been mentioned R^eps of
already1 that in the year 400 Alaric king of 4">A.D.-
the Visigoths was threatening Italy. In 408 he
advanced into the country ; thrice he blockaded Rome, and
in 410 he captured it. The miseries of the blockade and the
terror of pillage drove the more important men and their
families to flee away: and when the Visigoths in 412 with-
drew from Italy into Gaul and Spain the bishop Innocent
the First was by far the greatest dignitary in the city
which had once been capital of the civilised world. In 421
Valentinian the Third, who was still emperor of Italy and
Africa, gave the bishops of Rome a power of appellate
jurisdiction over disputes about matters ecclesiastical which
arose in his dominions.2 In 452 bishop Leo the First was
sent as ambassador from a western emperor to Attila the
Hun, a far more destructive conqueror than any of the
German invaders, and succeeded in diverting him from his
project of marching into Italy. After the time of Leo the
bishops of Rome were ordinarily called Popes, and they
were recognised throughout the west of Europe as the
spiritual chieftains of the Catholic Christians ; but none of
them performed any memorable achievement till Gregory
the Great in 596 sent his missionary Augustine to Britain
1 See page 315.
- Milman, Latin Christianity, 1. 85.
X
322 AUSTRASIAN [chap, xviii.
and so prepared the way for the conversion of the English
to the Catholic doctrines.
The work done by the Germans in the provinces of the
western empire between 400 and 687 was this. They
Summary, l°st the power to govern themselves in tribal
400-687. assemblies for which their forefathers in their
German homes had been conspicuous. They destroyed the
machinery of government that the emperors had laboriously
established, and nearly all institutions that had grown up
in the empire except the power of the Catholic prelates:
and none of them except the Austrasians succeeded in
setting up anything like an orderly government to take
the place of what they had broken to fragments.
After the battle of Testry in 687 the Austrasian Franks
were the strongest people in western Europe : and between
Conquests 687 and 803 under very able rulers descended
made by the from Pippin the victor of Testry they made
Franks, conquests with wonderful rapidity. Before 730
687-803. tjiey na(j conquered all the German tribes except
the Saxons : in 732 under Karl Martel, son of Pippin, they
repelled a dangerous invasion of Mohammedan Moors from
Spain : in 752 Pippin the Short, son of Karl Martel, took,
with the approval of two Popes, the title of King of the
Franks which had hitherto belonged to a Salian prince:
and between 754 and 803, under Pippin the Short and
Charlemagne, the Austrasians conquered the Saxons, the
northern half of Italy, and a strip of Spain to the north
of the river Ebro. In 800 Charlemagne being master of
Europe from the Ebro almost to the Elbe, and from the
Germanic Ocean to the Tiber received from Pope Leo the
Third whom he had restored to authority in Rome, and
from his army the title of Emperor.
Though Charlemagne borrowed the title of emperor that
was most constantly used by the later Caesars, his empire
chap, xvin.] EMPIEE 323
was unlike theirs in origin, in structure, and in government.
The empire of the Caesars was founded by a general in
command of an army of professional soldiers :
the empire of Charlemagne was founded by a Austrasian
mayor elected by nobles to lead free warriors emPlre-
who were tribesmen first and soldiers afterwards. The
Caesars from first to last were upheld by a standing army
of mercenaries : the Austrasian rulers usually had no army
except in the summer, and before they could get an army
even in the summer they must win the approval of local
chieftains for the work for which the army was wanted.
The empire of the Caesars contained no local communities
with a will of their own: in the empire of Charlemagne
the strongest elements were the great Austrasian tribe and
other German tribes which had till recently been independent
under rulers of their own. The government in the empire
of the Caesars was carried on by a host of trained civilians
from the praetorian prefects downwards, all acting with the
discipline of an army and the precision of a machine :
Charlemagne had for the work of government his own un-
rivalled energy, but beyond that no regular organs except
for central government tribal assemblies of local chieftains
held twice in the year and for local government officers
called counts and dukes ruling great districts on his behalf.
The counts and dukes had no regular supervisors set over
them : only intermittent and imperfect control of their
doings was exercised by occasional commissioners known as
Missi Dominici, the Messengers of the Lord Emperor.
It is obvious that the Austrasian empire had no such
securities against disruption as the empire of the Caesars.
It had local component parts capable of forming independent
communities, and it had no standing army. Soon after the
death of Charlemagne in 814 his son, Louis le Debonnaire,
divided his dominions into kingdoms for his sons, keeping
324 AUSTEASIAN EMPIRE [chap, xviii.
for himself the title of emperor, and hoping also to retain
a general control over his vicegerents. The sons fought
against one another and against their father.
Austrasian After the death of Louis in 840 his eldest son
divided into Lothair, king of Italy and emperor, tried to
three king- exert effective authority over his brothers,
Ludwig king of Germany and Karl king of Gaul.
In 842 Ludwig and Karl with the armies of their kingdoms
met at Strassburg to form an alliance against Lothair : the
exact words of the oaths sworn by the kings and of the oath
sworn by the armies have been preserved, and are the oldest
monuments that we possess of the national languages of
France and Germany.1 The kings of Germany and of Gaul,
which, since it acted unitedly and had a language of its
own, we must henceforth call France, were successful. In
843 a treaty concluded at Verdun confirmed their independ-
ence and defined their territories : Lothair kept only Italy
and a strip of land between the kingdoms of France and
Germany, together with the title of emperor, which no
longer gave him any authority outside his own kingdom.
The treaty of Verdun set the Germans free from subjec-
tion to a government which also ruled descendants of
Germany, Roman provincials. After its conclusion the
843-936. German kingdom was a union of pure-blooded
and kindred tribes not unlike the union of tribes that
existed in England at the same period under iEthelwulf,
son of Egbert : the chief difference between the German and
the English unions of tribes was that the several German
tribes were somewhat more inclined than the English tribes
to become independent. The Germans, however, for nearly
a century after they had asserted their freedom from
control by an emperor, needed to act together in repelling
1 Nithard, 3. 5, in Mon. Germ. Hitt., vol. 2, 665, 666. Commentary on
the French texts in Diez, Altromanische Sprachdenkmale, 3-14.
chap, xviil] FIEFS 325
at first Slavic barbarians from beyond the Elbe, then
Norsemen who came by sea, and after 900 the terrible
Hungarian marauders. Consequently whenever they could
get a strong king, they obeyed him : when their king was
feeble, they fell apart, but never into more than two
or three kingdoms or five separate duchies. Henry Duke
of Saxony, elected in 918 by only two duchies to be king,
restored kingly government over all Germany, and left it at
his death in 936 to be carried to greater power by his son
Otto the Great.
In France and Italy the German immigrants had always
been few in comparison with the older populations
descended from the subjects of the Csesars : by
843 neither country contained any considerable France and
element that was distinctly German. In both Italyfrom
. 9°°.
countries the kings being Austrasian Franks
descended from Charlemagne were foreigners to their
subjects; on the other hand the local rulers and land
owners, whom the Austrasian sovereigns had invested with
offices or endowed with estates, had in some degree assimil-
ated themselves to their surroundings : in France they
were becoming Frenchmen and in Italy Italians. The
result was that the inhabitants were more inclined to be
led by counts and dukes and landlords than to obey their
kings : and before 900 both France and Italy were broken
into a multitude of small independent communities com-
monly called fiefs or feudal principalities.1 In each fief the
ruler and the ruled had in the main the same desires and
aims, and held spontaneously together: and thus the fiefs
deserve, though in a less degree than the tribes in Spain, to
be called political communities.
Otto the Great in the early years of his reign made
Germany by far the strongest power in Europe : but in 951
1 See note at the end of the chapter.
326 SAXON [chap, xviii.
he could not resist the temptation to intervene by force in
Italy, and in 962 by being crowned king of Italy and Roman
The Saxon emperor he sowed the seeds of trouble for
empire. Germany and its future sovereigns. His son
and grandson, both named Otto, delighting to be in Italy
neglected Germany, and Henry the Third who reigned from
1039 to 1056 was the last of their successors who was able
to keep undisputed control of both Germany and Italy.
None of the emperors from Otto the Great to Henry the
Third had to deal with popes strong enough to oppose them
effectively. During their times the popes were either
elected by the people and clergy of Rome or nominated by
emperors : those elected by the Romans were usually weak
or vicious, and those nominated by the emperors were
deferential. But in 1059 one of the popes decreed that his
successors should be elected by the cardinal bishops. These
cardinals were officials of experience in business, and were
likely to be good electors of popes, just as in the time of the
Caesars the great officers of the army or of the civil service
and the army combined were the best electors of a Roman
emperor. From 1059 the popes advanced in power, and
they opposed the emperors, thinking that they themselves
and not the emperors were the proper inheritors of the
sovereignty of the Csesars over western Europe. From
1073 the popes found helpers sometimes in rebellious pre-
lates and princes in Germany, sometimes in the regenerated
towns of Italy. In 1250 one of them vanquished the last
successor of Otto the Great : not only was the empire
destroyed and Italy separated from Germany, but there
was no longer a single German kingdom, and Germany
broke up into tribes or principalities which were not
brought under one sovereign till the nineteenth century.
Now that I have sketched the characters of the Austrasian
empire and the Saxon empire I may point out the features
chap, xviil] EMPIRE 327
in which those empires were alike. Each of them at the
time of its formation contained an inactive subject part
and an active dominant part : in each of them „
. Similarity
the inactive subject part enjoyed many of the of the
material appliances and had many of the habits Aus*rasia"
r ~ J empire and
of mind usually found in civilised societies, but the Saxon
the dominant part was nearly barbarous and empire*
very loosely organised. The truth of these propositions will
be seen if we remember that in the Austrasian empire the
inactive subject part consisted of the Romanised inhabitants
of Gaul and northern and central Italy, and that the active
dominant part was formed by the Austrasian tribe with
other German tribes dependent on it, and that in the Saxon
empire the inactive part was the Italians from the Alps to
Rome and the active part was the Saxons and other German
tribal peoples. And further, since in each of the two
empires the active dominant part was only a collection of
tribes very loosely joined together, that active part was
incapable of providing any strong organ for the govern-
ment of the whole empire : in fact the only organs for the
government of each empire were a single man and an
assembly of tribal origin consisting of local governors with
or without their attendant warriors. Hence it came about
that in each of the two empires almost every generation of
men was more disunited than the one before it. The
empire of the Austrasians only held together till the death
of Charlemagne : the empire of the Saxons just contrived to
exist for three centuries, from 951 to 1250, but in its career
there was an interval between 1056 and 1106 in which the
frail bonds that held its parts together were broken, and the
parts acted as independent and hostile communities.
In the seventeenth chapter I described the empire of the
Csesars and briefly compared with it the empires founded
by the Russians and by the English East India Company.
328 TYPES [chap. xvm.
Each of those three empires was founded by a strongly
organised body of men through the conquest of dis-
Empiresof organised peoples. If the word empire were
the Roman correctly used to denote only political aggregates
the German like tne empire of the Csesars to which it was
type. originally applied, I should say that those three
are the only empires that have ever existed : as, however, the
word is always used incorrectly with a wider signification, I
will say that those three are the only empires of the Roman
type. In the present chapter I have described the so-called
empires of the Austrasians and of the Saxons, and have
shown that each of them was founded by a loosely organised
body of men through the conquest of disorganised peoples.
These two empires may be called the empires of the German
type.
Although the empires of the Roman type are not like
those of the German type, the empires of the two types
Empires of must be put in a bundle together, because all
the two types the empires of both types have the common
govern- characteristic of being derived from compulsory
ments. junctions of unlike bodies politic, and because
this characteristic places them in contrast with all other
bodies politic. The characters of the two sorts of political
aggregates derived from compulsory junctions of unlike
bodies politic and the nature of their governments can be
compendiously exhibited in a tabular form.
CHAP. XVIII.]
OF EMPIRES
329
POLITICAL AGGREGATES DERIVED FROM COM-
PULSORY JUNCTIONS OF UNLIKE BODIES
POLITIC, AND THEIR GOVERNMENTS.
Kinds of Aggregates.
1. Empires of the Roman type
founded by strongly organised
bodies of men, namely —
The empire of the Csesars, 325-
395.
The Russian Empire, 1800-1900.
The Indian Empire, 1800-1900.
Governments.
A single man, bureaucratic civil
service, standing army.
2. Empires of the German type
founded by loosely organised
bodies of men, namely —
The Austrasian Empire.
The Saxon Empire.
A single man, and a tribal
assembly of local chieftains.
Note on the Words 'Feodum,' 'Fief.'
The words feodum, feudum, fief, all derived from some Teutonic
or Scandinavian word that meant property, were not perhaps used
to denote principalities in France before the thirteenth century.
No certain instance of the use of any of the words in any country
before the twelfth century is known to me : for though feudum
occurs in what professes to be a quotation of a capitulary of
Conrad the Salic made in 1027 (Mon. Germ. H. Legg. ad annum)
we do not know that the quotation is verbally accurate : the man
who made it may have found beneficium in the original and put
feudum in its stead, as more intelligible to his contemporaries. In
1166 feodum militis, feofatus, feofamentum occur profusely in the
cartels delivered to Henry the Second of England by his nobles
330 FIEFS [chap, xviii.
and prelates : the cartels are printed in Hearne's edition of the
Liber Niger Scaccarii.
When the words feodum, fief were established in common use,
they meant a piece of land divided off from an estate or from a
political territory and placed under a separate tenant or ruler.
They are therefore perfectly suitable names for denoting those
estates in land or local governments which the Austrasian kings
gave to their nobles, and I have not feared to use them accord-
ingly, though I believe that when the estates and local govern-
ments were first given they were called beneficia and the word
feoda was not in use, and that after they became independent one
was called dominium (lordship), another comitatus, and another
ducatus, and there was no word but beneficia that could be employed
to denote each and all of them.
The principalities that arose in France in the tenth century got
their name of fiefs because they were portions cut off from the
dominions of the Austrasian sovereigns : but they gained their
most distinctive characteristics from the fact that their inhabitants
were descended from ancestors who had been thoroughly crushed
under the rigid administrative system of the Caesars, and it is
more important to remember that they had been portions of
the Roman Empire than that they had been included in the
Austrasian territories. In Germany no less than in France there
were in the early part of the eleventh century independent
principalities that had been under the Austrasian Kaisers ; but
the German principalities got their characteristics because their
inhabitants were descended from tribesmen. In order to get a
right notion of the German principalities it is necessary to lay
stress on their tribal origin, and I shall accordingly speak of them
as communities derived from junctions of tribes. For the princip-
alities in France we must have some other name, and I have
called them fiefs, though I should have preferred some name that
would draw attention to the fact that they stood on portions of
the empire of the Caesars. The principalities in Italy may bear
the same name as those in France : but they were so shortlived
that it does not matter greatly what we call them. The estates
of nobles in England and elsewhere, which were called fiefs but
never became independent, will not attract our attention because
they did not form bodies politic.
CHAPTER XIX
JUNCTIONS OF TRIBES, EFFECTED BY COMPULSION
In the present chapter we have to glance at those tribes
in Europe which did not mingle with descendants of the
subjects of the Caesars, and at their posterity till the fifteenth
century: but it will not be necessary to do more than
glance at them, because they did not succeed in forming
well defined political bodies except here and there for one
or two or three generations at a time. The physical
geography of their habitat will not detain us. I am con-
tent to say of it briefly that nowhere except in the small
region now called Switzerland, which will be noticed in
a future chapter, could there be found any natural
barriers such as would avail to prevent a strong tribe
from conquering a weak neighbour. It will be best to
look first at the German tribes in Britain, because we
possess information about them which indicates what they
were like only two or three centuries after their original
establishment.
The Germans on their landing in Britain were not tribes
but companies of private adventurers seeking their fortunes
in a new land. Before they started from Ger- _
J German
many they had put themselves under the com- tribes in
mand of men who were to be their leaders in n m'
war: after they were settled on the land in Britain they
needed some methods of deterring individual settlers from
robbing or injuring their neighbours. They gathered them-
331
332 GEEMAN TEIBES [chap. xix.
selves in very small groups which either then or afterwards
were called hundreds or lathes or rapes or wapentakes, and
the men in each little group met together frequently for
the purpose of compelling wrongdoers to give compensation
to those whom they had injured. Groups of hundreds
were tribes : and each tribe took as its king or ealdorman
the man who had been its military leader before it conquered
the land for its settlement. The earliest document that
tells us about a tribe is a collection of the Dooms of
iEthelberht who was king of Kent in 596 when Augustine
landed in Britain.1 The document sets down those dooms
or sentences which had been pronounced in the assemblies
of the hundreds or lathes and were to serve as precedents
for the future : and from it we may infer that the local
assemblies had much work to do, and the king very little
unless the tribe chanced to be involved in a war. The
tribes showed clearly how little they cared whether they
were under their own king or under the king of another
tribe by the ease with which they allowed themselves to be
conquered. Penda, who was king from 626 to 655 of the
tribe of the Mercians on the Welsh marches, conquered all
the many tribes between the mouths of the Dee, the
Humber, the Nene, and the Bristol Avon. The only
associations that the tribesmen cared about were their
local groupings in hundreds or wapentakes.
The West Saxon tribe was very much larger than any
other tribe that was made purely by expansion of a single
The West tribe into territory conquered from the Britons,
Saxons. an(j not by junctions of many German tribes.
Accordingly the West Saxons under their king Ine, who
reigned from 688 to 728, were gathered not only in hundreds
but also in much larger groups called shires. Each shire
had a scirman or sheriff as judge, and an ealdorman whom
1 Thorpe, Ancient Laws and Institutes, pages 1-10.
chap, xix.] IN BRITAIN 333
the king and his council of Wise Men appointed to lead its
armed forces. The establishment of the shires made
subsequent kings of Wessex still weaker than kings who
reigned only over groups of hundreds, and in 755 Sigebryht
king of the West Saxons was f for his unright deeds de-
prived by Cynewulf and the West Saxon Wise Men of all
his kingdom except Hamtunscir.' *
Between 716 and 1066 conquests of tribes by tribes were
made again and again, and when the conquests were made it
was said the conquered tribes were under the king
who had conquered them : but in truth local trjbes never
groups, small at first but eventually as large as a11 united
f ,/ _ * 5 . before iooo.
half a dozen or even more of our modern counties,
were the largest associations that the people thought im-
portant and cared to maintain.2 Throughout the tribal
period of English history local groups alone had any
vitality, and the central authority was weak. Even Cnut,
the strongest of all tribal rulers in England, could not keep
his whole insular dominions under a single government,
but entrusted provinces to four great earls I in the time of
Edward the Confessor the earls were strong and the king
was weak.
In Norway and in Denmark were tribes much like what
the English tribes became when they had been established
for a few centuries. In Norway south of Scandinavian
Trondhjem there were to begin with twenty or tnbes-
thirty fylker or folks, which had kings of their own :
Snorre Sturleson the Icelander, who between 1221 and 1241
paid many visits to Norway and gathered traditions and
records of events in the country, mentions both the folks
and their kings so clearly that the homes of nearly all the
1 Dooms of Ine 39 and 8 in Thorpe, Ancient Laws and Institutes : Anglo-
Saxon Chron. a.d. 837, 845, 851. A. S. Chron. a.d. 755.
2 J. R. Green, Conquest of England, the later chapters.
334 TRIBES IN [chap. xix.
folks can be identified.1 After about the year 920 Norway
was more often than not nominally under a single king:
but the folks were so separate that each had a thing or
assembly of very independent small landowners who lived
on the produce of their freehold estates, and they were
also so free to combine as they chose that they arranged
themselves in groups of folks, and in each group established
a diet composed of deputies from the things : 2 the diets
and the things were so influential that the kings could not
perform any important action in any locality till they had
received the permission of a thing or of a diet. Denmark
did not long remain divided into separate tribes, but fourteen
districts called syssaels had local governments of much
importance, and the kings were powerless if the syssaels
disapproved their proceedings.3 Of Sweden in the Dark
Ages we know almost nothing : but in 1296 a.d. the Swedes
had a number of provincial diets which took their several
parts in the election of a king to rule over all the provinces.4
The existence of these diets indicates clearly that what were
then provinces had in earlier ages been independent tribes.
When the tribes were joined by conquest, each tribe became
a province, and what had been its folkmoot descended to be
a provincial diet.
In Spain the little bands of Christians who fled from the
Moors in 713 into the mountains of Asturias and Cantabria
Tribes in were compelled through fear of their Moham-
Spam. medan enemies to abandon life in towns, to
subsist in the open country on the produce of the earth or
on plunder, and to adopt for a time a tribal manner of living.
1 Laing, Sea Kings of Norway, a translation of Snorre : maps in Spruner-
Menke and in Baedeker, Norway and Sweden.
2 Snorre, Saga 4. 11 : and Baedeker, Norway and Sweden, Introduction,
p. xlviii.
* Dahlmann, Geschichte von Ddnemarck, vol. 1.
4 Geijer, History of Sweden. Translation by J. H. Turner, p. 81.
chap, xix.] CONTINENTAL EUROPE 335
Between 800 and 1033 they made large conquests from the
Moors: they occupied the lands and the towns that they
had gained, and on taking to life in towns escaped from their
tribal humiliation. The nobles among them who had
found contingents for making the conquests acquired great
estates of land in which they kept bands of armed followers,
and the towns, possessing for defence against the Moors
strong walls and citizens trained to fight, were almost in-
dependent. The Christians who came from Asturias had
a king, and those who came from Cantabria had only a
count : but both the king and the count were often power-
less to control the nobles and the towns.1 In Spain, as in
England and in Norway and Denmark, the local govern-
ments were comparatively strong, and the central
governments were weak.
In 1066 England was invaded by William Duke of
Normandy, who claimed to be rightful king of the English
people, and by a number of adventurers who came
from Normandy and France as his allies,' hoping to Normans
win separate principalities in the island. William m ng
got the kingdom but he gave his allies only scattered estates,
knowing that they were likely to become his enemies. Even
so the adventurers were strong enough to oppress the English-
men and the Danes on their lands, and in consequence the
whole English and Danish population formed itself into one
community. William sought and gained the friendship of
this community, the largest then existing in the world, and
hence in his time and in the reigns of his two sons the
central government was stronger than the local forces of
the adventurers, now known as barons. After the death
of Henry the First his inheritance was claimed both by
Stephen and by Maud: while the claimants were contend-
ing, the barons consolidated their territories and formed
1 Lembke, Geschichte von Spanien, vol. 1.
336 MEDLEVAL [chap, xix
them into separate and independent principalities, which
were decidedly not tribal because they contained always
one or more strong castles and in many cases also a fortified
town.
Henry the Second re-established a central government,
and compelled both the Norman barons and the English to
increased act together in obedience to him. The increased
coherence of coherence of the English people was displayed
people lifter m tne days °f Henry the Third. In 1258 the
"74- barons aided by the people reduced the silly
king to impotence, but instead of cutting up the country
into separate principalities they formed themselves into
committees and tried by that means to set up a central
government. The committees of barons governed selfishly
in the sole interest of their own order ; in little more than
a year one of their number, Simon de Montfort, saw that their
selfish policy was suicidal, and on becoming leader both of
the barons and of the people he himself undertook the
direction of the central government. As he governed in
the interest of all classes, some of the most powerful men
among the barons turned against him, and helped Edward
the king's son to defeat him at the battle of Evesham.
Simon was killed, but Edward took his place as leader of
the people, and with the aid of the people overpowered
those barons who cared only for the interests of their own
order, and when he became king as Edward the First was
stronger than any of his predecessors.
Ever since the Norman Conquest all those kings who
were strong enough to prevent the barons from rebelling
had found it necessary to conduct their govern-
ment in concert with a council of barons and
important prelates: for unless they obtained the consent
of the barons and prelates to taxation and to military
enterprises they could not get money for their current
chap, xix.] ENGLAND 33?
expenses nor men to serve in their foreign wars. During
the reign of Henry the Third, while the king was absent
in Gascony, his queen, acting as regent in his stead, found
it advisable to invite deputies from the shires to join in
council with the barons and the prelates, because more
money might be got from the shires if their deputies
sanctioned its collection. Edward the First extended the
same policy by inviting deputies also from the cities and
boroughs, and thus founding a Parliament in which all local
groups of men had leaders or deputies to act as their
spokesmen. Only two years later the Parliament became
so strong that it could compel Edward to promise that
henceforth he would not resort to any of the more productive
methods of taxation without its consent.
Edward the Second was incapable of any kingly deed.
Edward the Third undertook an imprudent war for the
conquest of France, and found that he could not
obtain the men and money that the war de- kingly
manded without conceding large privileges authority>
to the Parliament: at his death in 1377 the
Parliament was equal or superior to the king in power.
Edward left behind him a grandson eleven years old who
succeeded as Richard the Second and three sons whom he
had put in possession of great appanages by marrying them
to heiresses: one appanage contained five important earl-
doms, the others one or two each. The sons with their
appanages obtained great influence over Parliament: and
Richard the Second spent the greater part of his reign in
tutelage nominally to Parliament but in truth to princes
of the blood royal. One of these princes, Henry Earl of
Derby, grandson of Edward the Third, destroyed such princes
as stood in his way by perfidy, and then with the aid of
a Parliament supplanted Richard. As one meeting of
Parliament had been employed by Henry to elect him
338 CONTINENTAL PEOPLES [chap. xix.
as king, another in 1406 regarded him as its creature, and
either for that reason or because it reflected on the
atrocious acts of treachery which had enabled him to
gain the Crown, considered, though it did not accept, a
proposal that the king who was in bad health should
' betake himself to some convenient place, where by the
help of his council and officers might be ordained a
moderate governance of his household.1 ' Henry the Fifth
was enabled by the respect that men felt for his resolute
character and by his brilliant victories in France to induce
Parliament to treat him with deference during his short
reign. But his son Henry the Sixth was feeble in body and
mind, and from 1455 till 1461 England was made miserable
by wars undertaken by ambitious nobles for the purpose of
deposing Henry and setting one of his kinsmen in his place.
The countries in continental Europe that were inhabited
by peoples descended from junctions of tribes never suffered
. any occupation by foreign adventurers such as
peoples de- befell England, and none of them was troubled
scended from -fa such fierce contests between the central
junctions of
tribes, government and local landowners as the English
people experienced in the twelfth century.
But in all of them the man who claimed to be hereditary
ruler, whether he was called king, or duke, or count, or
markgraf, or count palatine, found it impossible to get
money without the assent of an assembly or assemblies
in which persons of local influence took part. The contin-
ental countries in which the inhabitants were descended
from junctions of tribes, and the government was conducted
by a single person under the control of an assembly or
assemblies were Norway, Denmark, Sweden, all the larger
principalities in Germany, and Castile. The largest of these
countries were Norway, Sweden, and Castile. In each of
1 Stubbs, Const. Hist., § 636.
chap, xix.] OF TRIBAL ORIGIN 339
them government conducted under control of assemblies
led at some time in the fourteenth or fifteenth century
either to internal strife or to humiliation by foreign foes,
since each country was inhabited not by one people but by
more than one, and since travel over long distances was
slow and therefore the machinery of government was in-
effective. Norway and Sweden lost their independence and
were compelled in 1397 to accept Margaret Queen of
Denmark as their sovereign : Castile under Henry the Fourth
was troubled from 1469 till 1474 first by a civil war between
the king and his younger brother and then by another war
to settle who was to be the king's successor. In the German
principalities, whose area was comparatively small, govern-
ments of princes controlled by assemblies succeeded better,
and the assemblies or landtage lived in tolerable harmony
with the princes who sued to them for grants of money.1
It is to be remarked that all the most important junctions
of tribes were made before the twelfth century. These
junctions made in the Dark Ages constituted The tribes
the kingdoms of England, Denmark, Norway, joined to-
c*cth.er were
Sweden, and Spain, and the many principalities for the most
in Germany. In every junction of tribes made partake-
before the twelfth century the tribes joined together were
of the same kindred and of like character. Thus in England
Teutonic Saxons were joined with Teutonic Angles and Jutes
but not with Celtic Britons or Welsh : in Spain the Teutonic
1 Ersch und Gruber Lexicon, article headed Landstdnde, Landtage.
There may probably exist many collections of documents relating to the
Landtage of individual principalities. The only collection known to me
relates to the Landtag of Styria. The author is Dr. Krones : the collection
was published in 1865-1869 at Gratz in Styria : it consists of four bundles
of documents of which the first is entitled Zur Quellenkunde und Oesch. des
mittelalt. Landtagswesen der Steiermark, the third Quellenmassige Vorar-
beiten zur Gesch. d. Landtag swesen der Steiermark, n. 1522-1564 : the second
and fourth consist of Nachtrage und Erganzungen. The entries for the years
1522-1527 show the action taken in Styria to oppose that advance of the Turks,
which led in 1526 to the battle of Mohacs. These entries are illuminative.
340 SUMMAEY [chap. xix.
Goths of Asturias were joined with the Teutonic Suevi of
Galicia but not with Moors. It cannot indeed be said that
the bodies politic formed before the twelfth century by
junctions of tribes were homogeneous, since a homogeneous
body politic is like any one of the lesser urban communities
of Greece and is all one piece, and has all its atoms similar :
but, if I may coin a word, they were homoiogeneous, made
of pieces of like stuff. And this is an important fact because
a homoiogeneous body politic can in process of time breed a
progeny of homogeneous bodies politic. I believe that the
little bodies politic in Germany formed by junctions of few
tribes did by about the year 1400 breed homogeneous bodies
politic : but in the larger countries as England, Norway, Spain,
whose bodies politic were formed by junctions of many tribes
the process of generating homogeneous bodies politic was
slower, and in those countries all the bodies politic down to
the end of the Middle Ages about the year 1500 were only
homoiogeneous. After the twelfth century a few small
joinings of peoples with unlike tribes took place : — when the
mark of Brandenburg was made, its population was partly
German partly Slavic, and from 1284 the Welsh were subject
to the English king,and in 1322 and 1326 theysent representa-
tives to English Parliaments.1 Thus bodies politic derived
from junctions made after the twelfth century might be in
a minute degree heterogeneous, made of unlike materials :
but all other bodies politic derived from compulsory join-
ings of tribes were either homoiogeneous or homogeneous.
The succession of bodies politics descended from com-
pulsory junctions of like tribes are divided into those
descended from junctions of few tribes and those
descended from junctions of many tribes. Their
characters and governments are here stated in a tabular form.
1 Lingard, Hist. Engl., edition of 1844 in thirteen small volumes, vol. 3,
328 note, from New Rymer, 2. 484, 649.
CHAP. XIX.]
SUMMAEY
341
SUCCESSIONS OF BODIES POLITIC DESCENDED FROM
COMPULSORY JUNCTIONS OF LIKE TRIBES
Kinds of Successions.
1. Descended from junctions of
few tribes, and existing in
German principalities. After
1400 A.D. successions of
homogeneous bodies politic.
2. Descended from junctions of
many tribes, and existing in
England and other large
countries. Throughout the
Middle Ages successions of
bodies politic only homoio-
geneous, never homogeneous.
Governments.
A single man, with a Landtag
which granted taxes.
Ordinarily, a king and a rudely
made parliament ; but oc-
casionally, in times of civil
war, no effective government.
CHAPTER XX
JUNCTIONS OF FIEFS, EFFECTED BY COMPULSION
The territory assigned to the Austrasian king Karl the Bald
at the treaty of Verdun in 843 lay entirely to the west of
the rivers Scheldt, Maas, Saone and Rhone, and comprised
about two thirds of the country known to the Romans as
Gaul. The part of it to the north of the Loire had been
occupied by Salian Franks and was called Francia: the
country around Dijon had formed a small part of the large
district of the Burgundians and was called Burgundia: the
region south of the Loire had been occupied once by
Visigoths, but bore the name of Aquitania, by which part of
it had been known to Julius Caesar. Throughout Francia and
Burgundia and Aquitania counts and landlords succeeded
before the year 900, as I have already mentioned,1 in
establishing themselves as rulers of small independent
fiefs or principalities. Soon after 900 the strongest fief-
holders in the northern part of the country were the Count
of Paris and the Duke of Burgundy : to them was added in
912 another prince equally strong, when Hrolf, son of
Rognvald earl of More in Norway, a leader of Scandinavian
adventurers,2 planted the best of his chieftains as counts or
viscounts or lords in the country about Rouen and Caen and
Bayeux, and himself undertook the task of ruling them with
the title of Duke of Normandy.
1 See p. 325.
2 Snorre Sturleson, Laing's translation, Saga 3, ch. 24.
342
chap, xx.] COUNTY OF PARIS 34 3
From the year 888 the fief holders in Francia and
Burgundy found it convenient to have some one to appear
as their leader or figurehead in case they needed Dux and
to wage a war that was not entirely a matter of Rex-
disagreement among themselves. From 888 to 898 and
from 922 to 936 and again from 987 onwards the man that
they set up was called king : between 900 and 922 and again
from 936 to 987 he bore the title of dux Francorum, which
means, as I believe, military commander of the men of
Francia and nothing more. Whatever title he bore the
man nominally elevated above his fellows had no authority
outside his own fief, unless he chanced to be entrusted by
several fiefholders with the command of their contingents
in a war which they waged in common : but the county of
Paris had such a recognised precedence among the fiefs that
no fiefholder other than a count of Paris was elected to be
king or dux, except in the years from 923 to 936, when a
count of Paris passed on the title of king to a duke of
Burgundy who had married his sister, because he understood
that his own power would be the greater if he kept the
military command as dux and were not burdened with the
name of king which roused the jealousy of the fiefholders.
From 987 to 1098 the counts of Paris who were called
kings were decidedly less influential than their ancestors who
had been only duces. Philip the First, count of
Paris and king from 1060 to 1108, incurred the Sixth, uo8-
contempt of the Parisians and of every one else : "37"
by 1098 the lords of Montmorenci, Luzarches, Beaumont,
Montl'heri and Le Puiset, all within twenty miles of Paris
had made themselves independent in their strong castles-
The presence of their castles so near to the city was
intolerable to the Parisians because the lords of the castles
robbed merchants bringing goods to Paris or carrying goods
away. As soon then as Louis Le Gros, the king's son, who
344 FEENCH KING'S [chap. xx.
was from 1103 joint king with his father, showed the
citizens how to attack the castles, they were enthusiastic in
furnishing him with soldiers: priests sometimes acted
valiantly in his little armies as captains of their par-
ishioners.1 Louis became sole king in 1108 as Louis the
Sixth, and before his death in 1137 he had acquired a
district a hundred and sixty miles long from a little south
of Amiens to a little south of Orleans, and fully forty miles
broad, together with outlying pieces at Laon, Reims, and
Bourges.2 Within this district, which was known as the
king's demesne, the immediate successors of Louis had
nothing to fear from rebellious vassals, because Louis
established in it an orderly government, and the inhabitants
were resolved not to tolerate unruly lords of castles. Outside
the demesne Louis the Sixth and his next successor had no
authority unless they sought it and got it at the head of
an army as any fiefholder might do : dukes of Normandy,
counts of Anjou, counts of Flanders were independent
within the groups of counties of which they were the
heads.
The Parisians and the country folk around Paris, when
they fought bravely under Louis the Sixth, showed them-
^ , . , selves better men than any Frenchmen before
The king s J
demesne, them : but they and the other inhabitants of
II37' the king's demesne were quite incapable of
doing anything except in obedience to orders, and were
easily governed. Louis appointed officers called prevdts
over local districts to collect the king's dues and taxes
and to act as judges in cases of small importance: before
his death seventeen towns were centres of prevotes? When
1 Suger, Vita Ludov. Orossi, ch. 18, p. 65 in the edition by Molinier.
2 For the limits of the demesne see Droysen, Handatlas, p. 57, and
Erlauternden Text at the end of the volume.
3 Luchaire, Institutions Monarchiques, vol. 2, pp. 295-298.
chap, xx.] DEMESNE 345
he had to decide a dispute about lands between vassals on
the demesne, he took care to be supported by some vassals
summoned for the occasion to express their opinions and by
any other men of important station who might chance to
be at hand : a group of vassals and friends of the king
brought together for such business or for any other purpose
was called a Curia Regis or court of the king. The practice
of summoning vassals and friends to advise about titles of
lands was not invented by Louis: a copy of a judgment
pronounced in a Curia Regis so far back as 1016 is still in
existence.1
From the time of Louis the Sixth the king's demesne had
a far more orderly government than any fief: and the
inhabitants of any fief that happened to be
without a ruler, or had a bad ruler, were glad to 0f the king's
be annexed by a king and brought into the demesne»
. . , 1200-1300.
demesne. Philip the Second between 1201 and
1204 made the demesne fully four times as large as it had
been by conquering Normandy, Anjou, Touraine and a
small part of Poitou from John of England. In 1209
the region between Toulouse and the mouth of the Rhone
was attacked by adventurers from Francia on the pretext
that its inhabitants were heretics : Louis the Eighth went to
the aid of the adventurers when they were in distress, and
in 1229 the greater part of the land from which the heretics
and their rulers had been extirpated was adjudged by a
Pope to King Louis the Ninth, and added to his demesne.
Other acquisitions followed, and before the year 1300 the
king's demesne included about half of the territory that had
been awarded to Karl the Bald at Verdun. The inhabitants
of the conquered principalities were willing to be subjects
of the kings, because the kings gave them more orderly
government than they had known under their former rulers.
1 Langlois, Textes rel. partem., pp. 1-11.
346 DEMESNE AND FIEFS [chap. xx.
Local government on the demesne of Louis the Ninth was
an enlarged version of the government set up by Louis the
Sixth on his small demesne. Prevots were greatly
of the king's multiplied, and higher officers called baillis and
demesne, seneschaux were appointed with some control
1229-1300. rr
over several prevotes. The work of central
judicature, which had been done under Louis the Sixth by
the king with the aid of vassals and friends gathered
together only now and again, had grown so that it was
enough to employ a court of justice sitting from day to
day through at least half the year. Louis the Ninth found
it necessary to employ permanent judges as a nucleus of a
court. A great school of trained lawyers had arisen in
Paris, and some of these were paid by the king to be present
constantly for judicial work. Varying groups of vassals sat
with the paid judges, but the paid judges did all the most
important work. The name Curia Regis gradually dropped
out of use, and the court was generally known as le
Parlement de Paris.1 The sole organs in the government
of the demesne were the king and le Parlement de
Paris.
Between 1200 and 1300 the kings of France became able
to put a check on the princes outside the demesne in case
Relations they grossly misgoverned or made war without
between justification on any of their own vassals. Even
the demesne . .
and the fiefs, in the eleventh century the princes in Francia
1200-1300. kacj done homage to the counts of Paris who
held the title of king, and in their homages had made them
some promises. The homages and the promises had then
been without effect because they could be broken with
impunity : in the thirteenth century they entailed obligations
which could not be evaded, because the kings were able to
insist that they should be interpreted in le Parlement de
1 Luchaire, Inst. Francises, §§ 305, 306.
chap, xx.] BONIFACE VIII. 347
Paris. The skill of the lawyers in le Parlement extended
their power beyond the mere interpretation of homages :
they usurped a power of hearing appeals from all law courts
established by the fiefholders in their fiefs, and their
usurpation was not disputed because they administered
better justice in most cases than any court outside the
demesne. The fiefholders still managed the government
of their fiefs from day to day, but they were subject to
intermittent control from le Parlement de Paris. On the
demesne the king was sovereign : over the fiefs he was only
suzerain : the fiefholders were not his subjects but were
bound to him in alliances which they dared not break ; the
soil of France still belonged not to one people but to many
peoples.
Between 1295 and 1302 the authority of Philip the
Fourth to rule his subjects in the demesne as sovereign and
to control the fiefholders as suzerain was dis- Quarrei of
puted by a foreign power. From 1075 for a phillPthe
r * ■ r , Fourth with
century and three quarters the Popes had striven Boniface the
incessantly to prove that they inherited more of El£hth-
the majesty of the Caesars than the German Kaisers: and
Innocent the Fourth in 1250 had secured the destruction
of the empire which Charlemagne had begun. In 1294
Benedetto Gaetani, who seems from his subsequent actions
to have been half crazy, became Pope as Boniface the
Eighth. He soon began to tell the kings of France and of
England what they might do and what they might not do
in such terms as a Roman Caesar would be likely to use in
writing to a tetrarch of Galilee or a king of Commagene or
of the Cottian Alps. Edward the First of England in
1301 laid the behaviour of Boniface before his barons in
Parliament, and they sent the Pope a letter which con-
vinced him that it would be imprudent to meddle further
with a king whose subjects supported him with whole
348 INCAPACITY OF THE [chap. xx.
hearts.1 In the year 1301 Philip of France thought that
he also could face the Pope better if he had a Parliament. If
he had summoned his assembly, which as early as 1357 was
known as the States General,2 from the demesne only, it
might have become something like the English Parliament :
as he gathered it not only from the demesne but also from
all the fiefs it was no better at best than a congress from a
number of communities in alliance whose interests chanced
to concur in the quarrel with Boniface, but on other
occasions were likely to be at variance.
The states general comprised nobles, clergy and towns-
men. Among the nobles in 1302 those who signed a letter
to the Pope included two princes of the blood
States .
general first royal, about eighteen holders of fiefs outside the
summoned demesne, and some vassals who held land on the
in 1302.
demesne:3 the clergy and the townsmen came
equally from the fiefs and from the demesne: in 1308 the
towns that sent deputies to the assembly numbered two
hundred and twenty five.4 The men of every order were
drawn from many separate principalities, and even within
any one principality no two orders had much of common
interest or aims. Both Boniface and Philip clearly thought
that the existence of a states general was no proof that all
Frenchmen would stand by their king: for Boniface dis-
regarded the letters from the orders in the assembly and
prepared a bull of deposition against Philip, feeling con-
fident that it would avail to turn many Frenchmen against
the king, and the king or his minister Guillaume de Nogaret
1 For books that give the text of the letter see Stubbs, Const. Hist.,
§ 181, note. I have read it in Rishanger, Rolls Series, pp. 208-210. The
letter is short, firm, and dignified, but respectful.
2 See Ordonnancea des Hois de France for 1357.
3 Milman, Lat. Christ., 5. 88 in octavo edition = Book xi. ch. ix. gives the
names.
4 Boutaric, Philippe le Bel, pp. 439-448.
chap, xx.] FRENCH STATES GENERAL 349
thought the bull so formidable that de Nogaret stopped
its issue by inducing some armed ruffians and a mob
to offer personal violence to the Pope: Boniface was so
mauled in the tumult that he died only a month later. The
quarrel between Philip and Boniface ended by making the
Papacy powerless for nearly a century and a half: but that
result was achieved by the brutal violence of Philip and his
minister, and not by the states general.
All meetings of the states general held in the fourteenth
century proved themselves incapable of useful work. In
1355 when France was invaded on two sides by
the English, a states general usurped control of 0f the states
the government: but by 1358 its mismanage- £eneralfor
ii-ni it useful work.
ment was so flagrant that the French were glad
to be rid of it. Thenceforth for about eighty years meetings
of states general were rare and none of them transacted any
important business. The sole effective organs for the
government of the demesne and for the management of
the unequal alliance between the king and the fiefholders
outside the demesne were the king and le Parlement de
Paris.
The wars waged by Edward the Third against French
kings proved that the English who acted unitedly in the
field were stronger than the many peoples in .
° . ^ r f Anarchy in
France. Both the English and the French France,
suffered from the wars, but the French far more I392I4I3-
grievously: the English lost men and money, but France
was pillaged from end to end by combatants on both sides.
The system of government in France made very large
demands on the king. In the demesne local government
was conducted by baillis and seneschaux and pr^vots : but
the king and his ministers needed to supervise all these
officers without any aid from local assemblies. Outside the
demesne the suzerainty of the king over the fiefholders
350 THE NETHERLANDS [chap. xx.
could only be maintained by careful management. It
chanced that for a whole century beginning at the death of
Philip the Fourth in 1314 all the French kings except
Charles the Fifth were unfit for the work that was needed.
From 1392, when Charles the Sixth became mad, princes of
the royal family contended sometimes by murders and some-
times by craft for the enj oyment of the king's revenue : by
1413 government had ceased to exist, and both the demesne
and the fiefs lay ready to be conquered by Henry of England.
The only unions of fiefs at all like those that made the
French king's demesne were those that made the southern
. Netherlands: the northern part of the Nether-
J unctions of m *■
fiefs in the lands was made by junctions of tribes. Late
Netherlands. ^ fche fajgfiHofa century a French Duke of
Burgundy by a politic marriage acquired Flanders and
other adjoining counties : his successors mainly by prudent
marriages, carefully exploited, gained many more. The
dominions of the dukes in the Netherlands, nearly all
acquired by them not later than 1451,1 were joined together
by commercial interests, and in the later years of Philip le
Bon, who died in 1467, were well governed under a council
imitated from le Parlement de Paris, but empowered to
advise the duke and not only to adjudicate. It was lucky
for the Netherlanders that their duke Charles the Bold lost
his hold of ducal Burgundy, which could not be entered
from their territory without crossing Lorraine : after Charles
was dead the central government in the Netherlands was
indeed weak, but no great exertion was needed for the
central government of a group of provinces and towns,
whose pursuits were commercial, and whose interests were
in the main identical.2
1 After 1451 they got only Gelderland.
2 On the history of the Netherlands and their rulers from 1363 to 1477,
the books that I have found instructive ..re Chroniques des Rdigitux den
Dunes, in Collection de Chron. Beiges Inedits, about half a dozen chronicles
chap, xx.] SUMMARY 351
The results of my examination of successions of bodies
politic descended from compulsory junctions of fiefs can
be very briefly stated.
SUCCESSIONS OF BODIES POLITIC DESCENDED FROM
COMPULSORY JUNCTIONS OF FIEFS
Countries and Times in which Governments,
the Bodies Politic lived.
1. French king's demesne, 1300- King or sovereign duke, with a
1477. law court or judicial council.
2. Netherlands from about 1451. [In France from 1302 also a
states general : but it Avas
thoroughly ineffective.]
If we desire to give a common name to the groups of men
descended from compulsory unions of tribes or of fiefs and
living each under a separate government in the ~
o r e Composite
fifteenth century, we may best say that they bodies
belong to the very large class of composite bodies po 1 1C'
politic, or bodies whose parts are separable and may be
desirous or willing to become independent bodies politic.
Every union of communities, whether it is effected by
compulsion or by agreement, whether the communities
joined together are like or unlike, equal or unequal, is
incapable for generations of producing anything other than
a composite body politic. It is true that the component
communities do not breed in the successive generations
communities co-extensive with themselves : those descend-
in the useful collection published by Ram, Adrian de Veteri Bosco (Ouden-
bosch) in Martene, Le Religieux de St. Denys, Journal d'un Bourgeois,
Pierre Fenin, Olivier de la Marche, Chastellain, Com mines, the documents
in the edition of Commines by Lenglet Dufresnoy, and Pirenne, Histoire
de Btlgique.
352 COMPOSITE [chap. xx.
ants of an original component community who live on one
border of their habitat mingle with neighbours outside that
habitat by intermarriage, by commerce, or by subjection
to a common local government, and the descendants on
another border intermingle with other neighbours : but the
result of such intermingling is only to generate new local
groups, not very much less separable from the whole
composite body politic than the original component com-
munities had been. The processes of intermingling of
communities and the formation of new local groups are not
recorded by historians, but their results can be seen, for
example, in the history of England. The original com-
ponents of the English were, first, tribal communities of
Saxons, Angles, and Jutes (the West Saxons, the Mercians,
and the rest), constituting by far the largest elements
among the parents of the English race: then com-
paratively small communities of Danes who settled as
conquerors over the Angles in the eastern part of the island :
lastly the Norman adventurers who were not a community
at all, but settled as local lords wherever their leader
William gave them lands. The descendants of the West
Saxons, the Mercians, the Danes did not hold themselves
aloof as distinct local communities: their fringes inter-
mingled, but in so doing only founded new local groups
ready to be consolidated under local lords, who were till
the beginning of the thirteenth century Norman lords, but
afterwards English lords. By the year 1455 there was
indeed no province or locality in England whose civilian
inhabitants desired to separate themselves from the rest of
the English: but the roving soldiers who had come back
from France had gathered themselves into private armies
under earls or princes, rendering implicit obedience to the
nobles under whom they served and none to the king : the
presence of these private armies effectually prevented the
chap, xx.] BODIES POLITIC 353
inhabitants of England from being homogeneous or united.
Something like what happened in England happened also
in the other large countries that had been brought under
one government through unions of tribes or of fiefs : and
thus it came about that in each of these countries the
inhabitants formed in the fifteenth century nothing more
coherent than a composite body politic.
CHAPTER XXI
MEDIEVAL CITIES: (1) INLAND CITIES
In Italy the Ostrogoths, the Lombards, and the Austrasian
Franks, coming successively as conquerors, failed to found
any large community co-extensive with their conquests.
Before the coming, however, of the Ostrogoths the
whole country and especially the northern part of it was
dotted over with important municipal towns founded by
the Romans or the Caesars. In the time of Theodoric
there was nothing to prevent the towns from flourishing
as communities subject to their Gothic ruler: and the
existence during his reign of officers called maritime
tribunes points to activity shown by the inhabitants of some
part of the Italian coast.1 From events which happened
after the time of Theodoric we may infer that activity on
the sea shore and on the sea had its centre in the lagoons
a little to the north of the mouths of the Po and the Adige :
for on these lagoons during the two centuries of the Lombard
domination in northern Italy twelve little communities of
fisher folk, belonging to a people that had for ages been
called Veneti, made themselves into the most active seafaring
folk in southern Europe. Their advance to importance is
the more striking because during the troubled times of the
Lombards the inland municipal towns of northern Italy
make little show in history and must be supposed to have
sunk into comparative insignificance.
1 Cassiodorus, minister of Theodoric and afterwards of his daughter,
Amalasuentha, addresses an epistle ( Variarum, 12. 24) to the Tribuni Maritimi.
364
chap, xxi.] THE VENETIANS 355
In the present chapter it is my intention to describe only
inland towns : but as the fortunes of the fishermen on the
lagoons affected the inland towns it may be well
to point out at once why the lagoons became Venetians
important. They were inaccessible from the to 4"
land, and the inhabitants of their islands of mud could
practise their sea craft unmolested by the Lombards.
Owing to their situation at the end of the long and narrow
Adriatic Sea they have the advantage, most unusual in the
Mediterranean, of well marked tides, and their tides make
them a very much better natural seaport than any other
in their neighbourhood. Lastly, they lie on the easiest
route between central Europe and the eastern shores of the
Mediterranean Sea. The main ridge of the Alps which
divides Germany from Italy is not anywhere except in one
point much lower than seven thousand feet above sea level.
The one point is the Brenner pass which leads direct from
the Venetian lagoons to Germany. When the Austrasian
Franks after the battle of Testry in 687 were undoubtedly
the strongest people in Europe, they desired wares from the
east, and the seamen of the Venetian islands, not yet
collected in any one town, were their carriers. In 813
when envoys were sent by the son of Harun al Raschid,
reigning as Caliph at Bagdad, on a mission to Sicily, they
made their voyage in a Venetian vessel : • when costly wares
from the east were offered for sale at Pavia to the courtiers
in attendance on Charlemagne, they were brought by
Venetian merchants.2 And this last incident indicates
how the activity of the Venetians affected the towns in the
interior. Commerce in Venetian imports arose in those
towns, and enabled their inhabitants to make accumulations
of wealth.
1 Jaffe, Monum. Carol., p. 325 : letter of Leo in. to Charlemagne.
2 Ibid., p. 694. Monach. Sangall., book 2. ch. 18.
356 NORTHERN ITALY [chap. xxi.
After the death of Charlemagne in 814 the power of the
Kaisers in Italy grew less, and by 888 the country was
„ ^ divided into fiefs. But from 900 to 930 northern
Northern
Italy, Italy was cruelly raided by savage Hungarians,
814107s. an(j tne inhabitants found that their lives and
property could get better protection from town walls than
from fiefholders and their small bands of soldiers. In 951,
when Otto the Great made his first entry into Italy, the
towns were strong and the great fiefs were weak. Otto put
down any great fiefholders who stood in his way, and his
successors entrusted the government to officers of their own
bearing the titles of count or markgraf (in Latin marchio),
or even dux or ducissa : but at the same time bishops
or archbishops occasionally had more influence over the
inhabitants of their episcopal towns than any imperial
officers. A count usually ruled a town and the district
around it, which was called comitatus, a county : a marchio
or a dux had a larger region to govern, but was sometimes
also a count and attended to the humbler work of ruling a
town and its circumjacent country : 1 a bishop or an arch-
bishop could lead his townsmen into a war. Between 1 008 and
1046 wars which the Lombard cities undertook against one
another gave the citizens a lesson of priceless value by teach-
ing them to estimate military training at its proper worth.
In 1075 Pope Gregory the Seventh began his great assault
on the authority of the Kaisers. While the Kaiser Henry
the Fourth was striving to save himself from
Northern °>
Italy, the Popes and their allies, he could no longer
1075-1150. g^ve steady support to his counts in Italy : from
1100 or soon afterwards counts ceased to rule in the towns,
and in those towns of which we have records their place
was taken by magistrates called consuls who were elected
1 All this is proved by the documents in Muratori, Antiquit. Ilal.,
Dissert. 8 and Dissert. 6.
chap, xxl] PERIODS 357
by the citizens or by some part of the citizens. The
number of the consuls varied greatly from town to town,
and probably their attributions may have varied also. But
everywhere the existence of the consuls proclaimed the
independence of the towns: everywhere the elected
magistrates were judges in trials and suits and leaders of
the townsmen in wars. Between 1107 and 1127 quarrels
between groups of Lombard cities gave their inhabitants
plenty of experience in the arts of offence and defence, and
made them the more capable of maintaining their independ-
ence in case of need against any Kaiser who might desire to
meddle with them.
By the year 1150 the towns of Lombardy had gained
practical independence but had not yet made
their independence permanently secure. From the history
this time forth the history of the inland towns of the inland
J towns.
in Italy falls into three periods which may
be thus distinguished : —
Period I. 1154-1268. Wars brought into Italy by Kaisers
or Popes.
Period II. 1268-1494. Infrequency of wars between inland
cities waged by citizens.
Period III. 1494-1530. Subjugation of the inland towns.
Period I. 1154-1268. Wars brought into italy by
kaisers or popes
Ever since 1075 wars had often been caused by rivalries
between Kaisers and Popes : from 1154 the cities of Italy
took an active part in them. In Germany from
1125 onward the two most powerful princely Frederic
families were the Swabian house of Hohenstaufen Barbarossa>
1154-1183.
(whose castle of Waiblingen, near the place where
Stuttgart has since grown up, attained accidental notoriety),
and the Bavarian house of Welf or Guelf. In 1152 Frederic
358 KAISERS AND [chap. xxi.
Barbarossa, head of the Hohenstaufer, was elected Kaiser,
and two years later he tried to be master of the cities of
Lombardy. In the wars that ensued and lasted till 1183
Frederic was supported by the greater part of the German
princes and peoples : he was opposed in arms by nearly all
the Lombard cities under the patronage of several successive
Popes, and was quietly thwarted by Henry the Lion, Duke
of Bavaria and Saxony, and head of the house of Guelf. In
1176 Frederic was badly defeated at Legnano, and in 1183
in a treaty made at Constance he recognised the independ-
ence of the Lombard cities.
After 1183 Barbarossa let Italy alone. His son Henry
the Sixth was not only Kaiser by election and coronation
but was also husband of Constance queen by
Comparative # ^ *
quiescence, birth of Naples and Sicily. When Henry in
1183-1237. H89 tried to rule his wife's dominions, the
Sicilians took as their king Tancred, who though not born
in wedlock was son of one of their princes and had no foreign
blood in his veins. Hence Henry through his short reign of
eight years was employed in trying to gain the submission
of his southern subjects, and gave no trouble to any of the
Italian townsmen except the Genoese, whom he beguiled in
a fraudulent bargain. From Henry's death in 1197 there
was never a strong Kaiser in Germany till 1218, and the
German peoples were too much divided at home to meddle
with Italy. But in 1218 Frederic the Second, grandson of
Barbarossa, having been king of Naples and Sicily since
1197, gained undisputed authority in Germany. Till 1220
German affairs detained him to the north of the Alps :
but then he began to reside in Italy, and employed himself
till 1236 in giving good government to his many peoples
in Naples and Sicily, except during eighteen months
in 1226 and 1227 when he went on a crusade to
Palestine.
chap, xxi.] POPES 359
In 1237 Frederic, being strong in the affection felt for him
by his Neapolitan peoples and being supported by most of
the towns and nobles of north eastern Italy, „r
J Wars of the
made the grievous error of trying to become Popes
master of the Lombard cities. This folly gave jKjKL the
Pope Gregory the Ninth a grip on him which Second,
123*7-12^0
a subsequent Pope Innocent the Fourth made
tighter. In the great war which ensued from 1237 to 1250
Frederic drew his strength from Naples and Sicily, from the
eastern inland towns except Bologna, Parma, and Faenza,
and from alliance with the family of da Romano, which till
about 1226 had owned not much more than some fiefs of
rural land near Treviso and Vicenza, but had since then
established a tyrannis in Treviso, Vicenza, and Verona. The
Popes were upheld by the cities of western Italy except
Cremona and Pisa, and they drew large revenues by
persuasion from Henry the Third of England and by
extortion from the English clergy : x Innocent the Fourth
gained the countenance of a council of prelates at Lyons
in 1245 when he declared that Frederic was no longer to be
king in Germany, or Kaiser in Germany and Italy, or king
of Naples and Sicily. Frederic when he died in 1250 had
little authority except in southern Italy, and four years
after his death the empire founded by Charlemagne came
to an end.2
During the wars waged in Italy from 1237 to 1250 the
adherents of the Hohenstaufer called themselves Ghibelines
by corruption of the name Waiblingen, and the supporters
of the Popes called themselves Guelfs.3 Frederic was followed
1 See especially Matth. Paris, Chron. Maj., ad ami. 1245, in Rolls Series,
vol. 4, 416-422.
2 Kington, Frederic the Second, cites the authorities for the wars of
the Popes against Frederic. Salimbene, printed in Docum. Partneun et
Placentiam tangentia, should be read first.
s See p. 357.
360 INLAND CITIES [chap. xxi.
in his titles of German king and Kaiser, and king of Naples
and Sicily by his son Conrad, who only survived him by
,* „ r.L four years: soon after Conrad's death in 1254
End of the *
Hohenstaufen his half brother Manfred, son of Frederic by
^^ y* a Neapolitan or Sicilian concubine from the
family of the di Lancia, proved himself a most capable
leader of the Ghibelines of the south. By 1256 he was
master of Naples and Sicily, and in 1260 he helped the
Ghibeline nobles of Tuscany to win from the Guelfs of
Florence the battle of Montaperto, a little north of Siena,
which as Dante says fece VArbia colorata in rosso.1 In
1263 Pope Urban the Fourth, a Frenchman, son of a cobbler
at Troyes, granted the kingdoms of Naples and Sicily to
Charles d'Anjou, brother to Louis the Ninth of France.2
Charles came, defeated and slew Manfred at the battle of
Benevento, got possession of his kingdoms, ordered in 1268
the execution of young Conradin, grandson of Frederic the
Second and the last of the Hohenstaufer, and soon became
the strongest sovereign in the Italian peninsula.
During the wars between the Popes and the Kaisers about
twenty five inland cities of some importance were governed
by magistrates of their own choice. These cities,
Governments .
of inland whenever hostile armies came near them, could
cities to 1267. Qnjy ^ defend^ by the combined efforts of all
their citizens : hence in times of danger their governments
were such as gave satisfaction to all orders in their bodies
politic. Their magistrates chosen by many electors were
usually called consuls : many cities had also a podesta, who
was never a native of the city in which he bore rule, and
was usually electus ad brevia, or chosen by a commission of
three citizens or not many more to whom brevia or written
1 Milman, Lat. Christ., Book xi. ch. 2; Perrens, Hist, de Florence, 1.
495-505 ; Dante, Inferno, 10. 85.
2 Muratori, R.I.S., 18. 274 D ; Milman, Lat. Christ., Book xi. ch. 3.
chap, xxl] TO 1267 A.D. 361
authorisations had been sent:1 the business of a podesta
commonly consisted in supervising foreign relations, in
acting as supreme judge, and sometimes in leading the
citizens when they went forth to fight. But, if there were
no foreign foes to fear, strife often broke out between the
nobles and the humble citizens. Thus during the com-
paratively peaceful period from 1183 to 1237 small civil wars
between the orders broke out in Faenza, Brescia, Milan,
Piacenza, Modena, Cremona, and Bologna : and again after
1238 when the cities in Lombardy were freed from fear
of Frederic and of Eccelin da Romano civic discord was so
violent in Milan that the citizens in several successive years
chose members of the family of della Torre to be captains of
the people, and to enjoy a sovereignty not very different
from that which tyranni had possessed in ancient Greece.2
Period II. 1268-1494. Infrequency of wars between
INLAND CITIES WAGED BY CITIZENS
After 1268 the citizens of inland cities generally abstained
from fighting outside their own territories, being too much
occupied in commercial pursuits to care for an
increase of their rural lands. Hence they had cities of Italy,
no pressing need for keeping any armed forces. I ~1494"
In the cities of the valley of the Po and around it we do
not read of citizens armed and enrolled in trained bands :
but some of the cities of central Italy, especially Bologna and
Florence, had a good civic militia. Thus it came about in
the valley of the Po that when dissensions arose within the
cities or in the rural districts belonging to them, the
townsmen properly so called had no force with which
1 Elections to the office of podesta for Siena about 1237-1243 are described
in documents printed in Archivio Storico Jtaliano for 1866, Part 2, pages 8
and 47-51.
2 Hallam, Mid. Ages, 1. 399 and 411.
362 CITIES IN NORTHERN [chap. xxi.
to oppose any hired professional soldiers who might be
brought among them by demagogues or other ambitious
citizens, and fell about the year 1300 or not much later
under the rule of tyrannic Bologna and Florence, having
good companies of men usually employed in industrial
work but ready to act in defence of their liberties, expelled
or kept out professional soldiers from their territories.
Without professional soldiers there can be no tyrannis :
Bologna and Florence lived under civilian governments,
and the lesser cities around them, Siena, Pistoia, Arezzo,
Perugia, were able, partly through the influence of Bologna
and Florence, and partly through the policy of the Popes, to
follow their example and to maintain governments of a like
character.
About the cities of northern Italy there is little to say.
Each city had its tyrannus : but by 1350 only five tyranni
, „ reigning in Milan, Ferrara, Verona, Padua,
Cities of north- 5 & ' ' '
em Italy, Mantua were independent : most of the lesser
1 "I494- tyranni were under the suzerainty of the Visconti
of Milan, but some few were under the della Scala of
Verona.
As the companies of militia at Bologna and Florence gave
a distinctive tone to the governments of their own cities,
and helped to give a like tone to the govern-
centrai Italy, ments in the lesser cities around, I think it
1 I494' well to explain how they came into existence.
Bologna bore the brunt of the wars of Frederic the Second
from 1238 to 1250 against the Guelfs, and during those wars
drew its strength mainly from its bands of civilians trained
to fight on occasion.1 Between 1250 and 1268 the Bolognese
militia compelled the city of Imola to become dependent
on Bologna : 2 after 1268 the citizens of Bologna relied on
1 Gron. di Bologna ad ann. 1239 in Muratori, M.I.S., 18. 260 1).
2 7&td.,275Dand276 A.
chap, xxi.] AND CENTRAL ITALY 363
their civic militia to keep their rural vassals obedient to
their urban government. Florence took so little part in the
wars against Frederic that its citizens did not feel any need
of a civic militia for defence against the Kaiser : but during
those wars many of the Ghibelines of Tuscany and Florence
devoted themselves to military service on behalf of Frederic,
and became almost as much professional knights and men
at arms as the petty vassals in countries north of the Alps.
In 1248 these Ghibeline warriors got possession of the city
of Florence by force of arms: in 1250 the Guelfs, being far
more numerous than their adversaries, regained the govern-
ment and immediately established a civic militia, which
thenceforward was ready to contend against the Ghibelines
and which finally vanquished them in 1289 at Campaldino.1
Among the governments of the cities of central Italy the
various kinds of governments that prevailed in Florence
have alone attracted the attention of many
_ . . . . Florence and
competent critics, and about them alone it Bologna the
is easy for any ordinary reader to form a judg- best known
J J J . . inland cities.
ment. Hence it is that only Florentine
governments will be described in some detail: a few
words may also be added on the nature of the govern-
ments of Bologna.
Before the end of the twelfth century Florence was
already an industrial city with trade guilds: for in a
document of 1193 we read of septem rectores qui Florence to
sunt super capitibus artium* By the same I25°-
time its citizens had made an imperfect conquest of the
castles belonging to noblemen within a radius of about
fifteen miles from its walls : some they had demolished, but
others remained to annoy them. After 1200 they were
largely employed in holding the ground they had got and
1 Perrens, Hint, de Florence, 1. 310-357.
2 Quoted by Perrens, Hist, de Florence, 1. 204 n.
364 GHIBELINES [chap. xxi.
in trying to get more, and their body politic in its widest
sense was partly urban and partly rural. They were by no
means free from wars with neighbouring cities, especially
Siena, and their methods of government were such as
became a city whose citizens were compelled to be patriots.
Their magistrates who managed the routine of government
were called consoli till 1232 and afterwards anziani : x above
these was a podesta chosen from outside of Florence to be
judge in suits or trials of great consequence and to command
the armies of the commonwealth.
After the death of Frederic the Second the Ghibelines
had no longer a strong Kaiser as their leader, and the
Feuds of Guelfs had no longer a strong Kaiser to contend
Ghibelines against. Since the two parties were no longer
and Guelfs - . . . ' . ,
in Tuscany, engaged in a contest about an imperial question
1260- 1267. 0f worid wide interest, they began to degenerate
into local factions. It is hard to be certain how the two
factions were composed in Tuscany: but it seems likely
that those Florentines who had estates outside the city and
wished to be local rural lords were Ghibelines, and those
who cared more for their interests within the walls and for
the productiveness of industry were Guelfs. The two
factions contended with extraordinary bitterness. In 1260
the Ghibelines after winning the battle of Montaperto with
Manfred's aid thought of levelling the walls of Florence
with the ground, but at the desire of Farinata degli Uberti,
who was of their number, contented themselves with driving
the leaders of the Guelfs into exile. In 1267 the Guelfs
being restored by Charles d'Anjou banished the Ghibelines
and confiscated their property. One third of the confiscations
they gave to the government of Florence, one third to
persons whom the Ghibelines had injured, and the remain-
ing third they took as a permanent endowment for the
1 Perrena, Hist. Flor., 1. 282.
chap, xxi.] AND GUELFS 365
Guelf party to which they belonged. In consequence of
this last measure the Parte Guelfa became a state within
the state no less than the Plebs had been in ancient
Rome.
The victors in 1267 were the townsmen who cared about
their industries : the vanquished were mainly rich men who
lived indeed within the city, but took interest in
their estates of land in the contado,1 or rural oftheGueifs
districts, and preferred fighting to weaving or »n Florence
pounding drugs. The Ghibelines, as soon as
they were driven into exile in 1267 by Charles d'Anjou,
scattered themselves in many Italian cities and became a
formidable band of external foes to the Guelfs. Hence for
some years the Guelfs at home kept their old form of
government under anziani and a podesta, which conduced
in some degree to military efficiency: in 1280 they were
induced by the persuasion of Pope Nicholas the Third and
his nephew Cardinal Latino to let some of the Ghibelines
return, and gave them six places on the board of fourteen
anziani. But the two factions could not act together, and
from 1282 there were no Ghibelines in Florence or its
territory. Seven years later the exiles on making one last
attempt to gain their restoration by force of arms were
severely defeated at Campaldino, and thus in 1289 Florence
was a purely Guelfic city.
After the expulsion of the Ghibelines in 1267 the contado
lost all its importance and Florence was nearly as much a
simple city state as Athens had been after the u.
1 * , Classes at
death of Perikles. But the classes at Florence Florence,
were not so few as they had been at Athens. In 13&7'
Athens there were only the poor citizens, and the rich
citizens, and the slaves. In Florence there were no slaves
1 Contado = comitatus. The word proves that in the days before 1100
Florence had had a count as ruler.
366 FLORENCE [chap. xxi.
and the workers were poor citizens. Hence it came about
that the Florentine community was divided into many
classes defined by their employments. There was to begin
with a small class of nobili, and many other classes all
embraced under the one collective name popolini or
commoners. The word nobile is not explained so far as
I know in any document of the thirteenth century: in
the fourteenth any Guelf was nobile if the heads of his
family in two or three generations had attained the honour
of knighthood. Probably the definition of a nobile was
much the same in the thirteenth century as in the next :
for the nobili before 1300 gave much trouble by disorderly
violence. The popolani were commercial or industrial or
professional. Those popolani who had enough capital to
manage a business were divided into twenty one l arts or
trade guilds: and the rich men who rose to eminence in
their guilds were popolani grassi. Of the poor those who
had no capital worked for wages. It seems clear that they
worked in their own homes, and were therefore paid by the
piece : if they had worked in great factories, their gatherings
in their workshops must have been mentioned in some of
the many narratives that have been preserved of faction
fights in the streets and squares : the bottiche (in French
boutiques) to which reference is so frequently made were I
believe only warehouses in which raw material was kept and
from which it was distributed among the craftsmen, who
worked on it at their homes and carried the finished job
back to the bottica from which the raw material had been
issued. Those poor citizens who had some savings occupied
a humble position as master workmen in a guild.
In 1282 the Florentines abolished the board of anziani
and entrusted their government to six men called Priori,
1 The arte are enumerated in a document of 1292 printed in Arch. Stor.
Ital. for 1855, vol. 1, p. 38.
chap, xxi.] THE GREATER ARTS 367
who had risen to the top of the six greater arts.1 The
greatest of these arts was the Calimala, which imported
coarse woollen cloth from Flanders and remade
it into a glossy fabric : the next five were the 0f the seven
silk workers, the furriers, the money changers, greater arts,
, i • ii Ti •• 1282-1292.
the apothecaries, and the arte d% Lana, consisting
of those wool workers who were not in the Calimala. The
lawyers had a guild as powerful as any of the six, but they
got no place in the government, because they had so much
influence in advising the Priori. Each board of Priori sat
for two months only, and no man could be re-elected as a
Priore till after an interval of two years. The outgoing
Priori, together with a few friends whom they invited to
advise them, appointed their successors.
Beside the Priori there were for police and justice a
podesta and a captain of the people: for approving new
laws or resolutions there were five councils, and
no new law took effect till it had been sanctioned parts 0f the
by all the five councils. But the largest of the government,
J ° 1282- 1292.
councils had only a hundred members : and there
is nothing to prove that any man was forbidden to be a
member of all five councils at once. On very rare occasions
the Priori, after a new law had been approved by all the five
councils, laid it before a general assembly of the citizens
gathered in a Parlamento : but when a Parlamento met it
was a general rule that no proposal could be made except
by the governing body of an art, and it was only by
special indulgence that the president of a Parlamento
in 1285 declared that any citizen might speak his
1 From 1282 to 1348 my chief authority for Florentine history is
Giovanni Villani, one of the best, if not the very best, of all mediaeval
historians. The text of Villani in Muratori, R.I.S., strikes me as being
often very corrupt : I have used the version given in Biblioteca classica
Italiana, because it is always intelligible : but I do not knew what critical
process was used in making it.
368 THE GREATER [chap. xxi.
opinion.1 The whole powers of government belonged to
two or three hundred successful tradesmen ; the rest of the
citizens took no part in the choice of their rulers, and were
habitually without any assembly. What happened within
each art is not definitely stated, but a passage in Giovanni
Villani seems to imply that the governors of an art called
consoli were appointed by their predecessors.2 Whatever
was the method of choosing the consoli of an art, it is
certain that they were chosen for their experience in
commercial business and not for any other qualification.
Thus in 1282 all power was lodged nominally in the hands
of the six greatest arts but really of seven, since the lawyers
Government were as powerful as if they had had a Priore. For
of the greater some years after 1282 the Priori tolerated the
arts, 1292- presence in the city of the nobili, because they
1342. had some dread of the Ghibelines in exile, and
thought that the military prowess of the nobili Guelfi might
be useful: but when the Ghibelines had been decisively
defeated in 1289 at Campaldino, and the nobili in their
fortified houses became dangerous to the tradesmen, they
resolved to deal hardly with those nobili who were insub-
ordinate. For this purpose they needed allies, and they
found them in the five arts next below the seven which
directed the government. With the help of the five middle
arts they passed and enforced the famous Ordinamenti di
Giusticia, and thereby reduced the nobili to impotence or
to exile. The five middle arts were admitted to places on
the board of Priori : but still the outgoing Priori and their
1 Minutes of a Parlamento, Perrens, vol. 2, p. 474.
2 Villani (10. 111.) tells us that in 1328, when the Florentines took to
electing the Priori of the Republic by anticipation, the arts adopted the
same method of choosing their consoli. If the method of electing consoli
had previously been different from the process of choosing Priori, he could
hardly have omitted to notice the difference. On anticipated elections
see next page.
chap, xxi.] AND MIDDLE ARTS $69
friends selected new Priori, and the government was still in
the hands of a small number of wealthy tradesmen, and
there was no assembly or large council of the citizens.
Twenty new officers called gonfaloniers were appointed to
command the militia of the city, and nineteen of them were
permitted to hold office for the long period of six months :
but they were elected like the Priori by the outgoing Priori
with the aid of a few chosen friends. All magistrates and
officers except nineteen gonfaloniers were changed on the
middle day of every alternate month, and the precautions
taken against giving any one experience in public business
made government discontinuous and despicable. Dante,
writing about 1308, saw this clearly enough when after
admiring Virgil and Sordello for embracing one another
because they were both Mantuans he pitied t&e Florentines
for their wretched feuds, and at last exclaimed that Florence
spent more trouble in ruling its life than Athens or Lace-
daemon, but spun its clauses providing always so thin that,
before mid November brought new Priori into office,
October's gossamer no longer held.1
About 1316 a suspicion arose that the secret elections of
magistrates were being manipulated by one oount Battifolle
so as to exclude men whom he disliked from the Anticipated
share that they expected in the prizes of office, elections.
In order that all commercial magnates at the top of the
twelve privileged arts might get their due share of meddling
in the government, the Florentines resolved in and after
1324 that all the office bearers for two years or more should
be elected at once, and all the men chosen should come into
office in an order to be determined subsequently by drawing
lots. From 1328, when the new system was in full working
order, an election was held in January in every alternate
year : a board of 216 men drawn from the twelve privileged
1 Pwgatorio, canto 6, especially the last twelve lines.
2 A
370 DECLINE OF [chap. xxi.
arts selected from those same arts 442 prospective office
bearers. Every two months thirty six men taken by lot
from the 442 became rulers of the commonwealth.
Between 1300 and 1325 the companies of civic militia in
Florence and in most other cities of central Italy became
less and less capable of going through a campaign
Decline of . . T _,. , .
citizen in the open country. In r lorence, and m most
armies, other cities where the civilians governed, the
1300- 1325.
tradesmen and artisans could keep within their
gates and shoot missiles from their walls, but there were no
professional soldiers fit for service in the field. In the cities
of Lombardy the tyranni kept some body guards merely to
protect them from their own subjects, and these body guards
were trained soldiers, but they were not drawn from the
subjects whom they were intended to control, and their
numbers were small.
In a rich country whose inhabitants are too effeminate to
defend themselves it is usually a profitable trade to be a
Condotti n m&ster of trained warriors and to let them out
and mercen- for hire. In Italy men of enterprising mind saw
ary armies, fofa opportunity and induced soldiers of fortune
to follow their banners for pay and for hope of plunder.
Men who kept private armies as a speculative business were
afterwards known in Italy as condottieri, and I will give
them that name even in the fourteenth century, though I
do not remember whether it was then in use. In 1320 a
condottiere named Castruccio Castracani made himself
master of his native city Lucca, only thirty miles from
Florence. In 1325 the tradesmen and hand workers from
Florence marched out against him and were badly defeated.
Thenceforward no city of Tuscany thought of waging a war
in reliance on its own citizens only. In a war of 1341
between Florence and Pisa the Florentines hired mercen-
aries from thirteen neighbouring cities under civilian
chap, xxi.] CITIZEN AKMIES 371
government: the Pisans got troops from the tyrants of
northern Italy.1 Both armies were bad, but the men hired
by Florence were the worse, and were worse commanded:
when they had victory in their hands they took fright and
ran away.
The Pisans and their allies won a victory but had no
intention of doing more than making the Florentines harm-
less, or perhaps compelling them to pay some T r nn
money, of which they had plenty. To the Florence,
Florentines their defeat would have been trivial I342"1343-
if they had had any manly courage, but they had none. In
their terror they took as tyrant Walter de Brienne, a French
adventurer, who had married a niece of Robert King of
Naples, and was called Duke of Athens.
After about eighteen months Walter de Brienne was
intolerable to all classes except his favourites, and all classes
combined to expel him. After they were rid of Government
him, the seven greater arts in 1343 made an of the middle
attempt to admit the nobili, who since 1292 had arts> I343.
been disqualified for office, to some share of I358-
influence, hoping, we may conjecture, that they might
infuse a little martial courage into the citizens. Hereupon
the nine lowest arts, which had never had any share in the
government, stirred the hand workers to revolt, burned
palaces of nobles, and insisted on having places among the
Priori. A board of eight Priori was established: the nine
lowest arts had three seats, the five middle arts had three,
and the greatest arts had only two. Giovanni Villani says
explicitly that power belonged to the mediani, that is to
say to the middle and the lowest arts. From 1343 to 1358
the rulers of the city were even more timid and incapable
than any of their predecessors.
But from 1343 the popolani grassi of the greater arts
1 Perreus, Hist. Flor. , 4. 230-232, especially 232 n. 4.
372 THE PARTE [chap. xxi.
were discontented at having only two seats among the
Priori, and preferred to act as members rather of the
Parte Guelfa than of the Florentine coromon-
of the Parte wealth. In order to strengthen the Parte Guelfa
Guelfa, 1358- thgy brought back into use the word Ghibeline.
What the word meant no one could say. It
had till 1268 meant an adherent of the Hohenstaufer,
and afterwards an adherent of nobles who were powerful in
the contado. But since 1268 there were no Hohenstaufer,
and since 1289 there were no country nobles. It is perhaps
just possible that in 1343 it was thought applicable to any
one who favoured the tyrants in the Lombard cities. But
in 1346 the popolani grassi got a pretext for using it in its
old sense to denote a partisan of a Kaiser: for then Karl
the Fourth, hereditary king of Bohemia and elected king of
Germany, resolved that next year he would march into
Italy and be crowned emperor. In January 1347 the
popolani grassi persuaded the Priori to propose and the
councils to sanction a new law against Ghibelines. The law
ran that every one who since 1300 had been a Ghibeline, or
was descended in a male line from any one who since that
date had been a Ghibeline, should be disqualified from
bearing office, and if he took it shonld pay a very heavy
fine. In 1358 the captains of the Parte Guelfa, which was
then managed by popolani grassi, accused candidates for
office of Ghibeline proclivities or of Ghibeline descent, and
got twenty three convictions. From 1358 to 1375 they
deterred any man whom they disliked from seeking office
by sending him a warning (ammonizione) that if he sought
it he would be accused of being a Ghibeline, and by this
simple process enjoyed for seventeen years complete control
over the rulers of the city.
We do not know precisely how the succession to the
captaincies in the Parte Guelfa was regulated. In 1335 the
chap, xxi.] GUELFA 373
Parte Guelfa had resolved that the captains should bear
office only for two months at a time, but provided a means
by which those who had once served well should „
* _ Compara-
be sure of returning frequently to the captaincy.1 tively
After 1358 it seems likely that the captains may V1^°err0nu^ent
have been practically permanent officials: they of the
were certainly not so cowardly as the Priori. cap ams'
Their mercenaries in 1362 seized the chain of the Porto
Pisano which still adorns the walls of the Baptistery
at Florence : in 1363 nine thousand citizens of Florence
actually marched a mile or two outside their city walls and
so astonished an army of mercenaries hired by Pisa that it
ran away. But the authority of the captains rested solely
on their practice of frightening men with menaces of false
accusations, and its foundations might easily be shaken.
By the year 1375 many classes among the Florentines
disliked the usurped power of the captains. The lesser and
middle arts had always hated them, because the
... liii Discontent of
ammoniziom were most commonly addressed to the arts and
their members : many of the popolani grassi had the hand
J L r ° workers.
suffered in like manner, and there was a general
opposition between the arts and the captains. The attitude
of the hand workers who were not members of any art was
uncertain : they disliked both the captains and the rulers of
the greater arts, but it was doubtful which they disliked the
more heartily. They numbered certainly thirteen thousand
and probably more : nine thousand employed by members of
the arte di lana were known by the name ciompi, of which
the derivation is uncertain, and hence the handicraftsmen
generally were often called ciompi. The chief grievance of
the hand workers was that all questions regarding their pay
were decided by a judge nominated by the art under which
1 The constitution of the Parte made in 1335 is printed in Giornale storico
degli archivi Toscani, Jan. -March, 1857. See Perrens, 4. 483 foil.
374 THE CIOMPI [chap. xxi.
they served, and might therefore be decided unfairly : they
desired to form arts of their own with judges of their own
and a share in the government.
From 1375 to 1378 Pope Gregory the Eleventh, a French-
man but resident in Rome, waged a senseless war by means
of his mercenaries against the mercenaries in
eight the pay of Florence. As the Popes were by
ministers tradition patrons of the Parte Guelfa, the war
for war. x .
against Gregory could not conveniently be con-
ducted by the captains. As far back as 1362 there had
been at Florence a board of eight charged with the
superintendence of the mercenaries, and called Gli Otto
delta Guerra.1 In 1375 the Florentines elected a new
board for managing the same business and gave them large
powers. The Eight, having to attend to work that affected
the whole commonwealth, and remaining continuously in
office, were by far the best rulers that the Florentines had
ever known, and were popularly called Gli Otto Santi, the
Eight Holy Men. When the war ended the Eight quietly
laid down their powers, and the captains issued ammonizioni
more recklessly than ever : but the citizens had seen that
among the Eight there were men who could be trusted, and
among the captains and their henchmen the Priori there
were none.
The men among the Eight in whom the citizens put most
confidence were four members of greater arts belonging to
the houses of Medici, Alberti, Strozzi, and Scali.
Two of these men proposed most moderate new
laws, intended to set some small check on the caprices of the
captains. An attempt was made by the captains to get the
laws rejected, but the ciompi formed a mob to surround the
council chamber, got the laws passed, and burned the houses
of the captains.
1 Matteo Villani, Book xi. ch. 10.
chap, xxi.] MICHEL DI LANDO 375
The ciompi insisted that they should be recognised as an
art, and that the Priori should abdicate : then, acting on a
sudden impulse, they chose Michel di Lando, a Michel di
humble woolcomber, to be their gonfalonier, and Lando, 1378.
to direct their measures. He turned out to be the only
courageous ruler that Florence ever produced. He first
induced his comrades to recognise some well-known citizens
as his councillors : and it seems to me that it would have
been a happy thing for Florence if he had stopped there and
ruled with his council till he had established a government
with some strength at its back. He was, however, so free
from personal ambition that he called a Parlamento which
gave balia or plenary power to a small group of men to form
a provisional government. Those men who worked for hire
but were not ciompi under the arte di lana were made into
two new guilds, making twenty four guilds in all. Then a
bad blunder was made : a board of nine Priori was appointed,
without any provision for lengthening their term of office or
ensuring that they should not be, as all Priori hitherto had
been, afraid of their successors. Four labourers were chosen,
three from the lesser and middle arts, and only two from the
popolani grassi. Michel himself was continued in his office
of gonfalonier, which gave him a place at the board of
Priori.
The arte di lana was indignant because only two Priori
had been chosen from the greater arts, and locked out the
handicraftsmen from its bottiche. The workmen
took arms and set up a separate government of Lando in
their own at Santa Maria Novella, in opposition conflict with
the ciompi.
to Michel and his Priori at the Palace. When
the government of the workmen demanded that eight of its
members should be admitted to sit as equals with the Priori,
the nine Priori tamely assented: but Michel went forth
sword in hand on to the Piazza, and finding support from
376 TYEANNIS AT FLORENCE [chap. xxi.
men who belonged to the twenty one old trade guilds
scattered the ciompi and drove their leaders into the
contado.
The error that had been committed in setting up the
board of nine Priori with no force behind them could not
Tyrannis ^e undone, and the great revolt of the ciompi
1434-1494- produced no permanent improvement in the
government : nothing probably would have done any good
except an external war so serious as to compel the
effeminate citizens to act like men, and shed their blood if
need be in defence of their bottiche. After 1378 the Priori
were even more easily managed than their predecessors, and
a few very rich men were able to manipulate elections and
law making, without pretending as the captains had done,
that they were acting as patriots on behalf of the Parte
Guelfa. Thus the power of the trade guilds came to an end.
From 1393 power belonged now to an Albizzi, now to a
Medici, now to a Ricci : in 1434 Cosimo di Medici returned
from exile and for the rest of his life was master of the
commonwealth. After his death in 1464 his power was
handed on to his son and then to his two grandsons : all the
Medici till 1494 ruled as mild tyranni after the manner of
Peisistratus.
Bologna like Florence was an industrial city, but from
1237 to 1250 it needed to protect itself against the Kaiser
Frederic the Second, and from about 1275 for two
generations feared attack from a Visconti at
Milan or a della Scala at Verona. Hence its citizens were
soldiers as well as traders: moreover they took as much
pride in their great university of jurists as in their com-
mercial prosperity, and they did not treat their contado
as a negligible quantity.1 They had trade guilds called
1 The chief authorities for Bologna are Gron. di Bologna in Muratori,
R.I.S., vol. 18, and Gaudenzi, Statuti di Bologna, published in 1888.
chap, xxi.] BOLOGNA 377
societates artium, but they had also societates armorum, or
societates pro armis.1 They had a board of anziani et con-
sules drawn from their societates, which conducted the
daily business of government, but they had also a podesta
and a captain of the people and a council of eight hundred,
and a council of the whole people : 2 when serious disputes
arose they were decided by the podesta with the council of
the people.3 In 1274 the Bolognese expelled the family of the
Lambertazzi, the heads of the Ghibelines in the city,* but
did not exclude all nobili from influence, as the Florentines
did eighteen years later. The nobili, being allowed to
remain in the city and to get a large share of power, brought
them to distress and weakness on several occasions in the
next half century : and after about 1325 the citizens were so
much alarmed at the power of the Visconti at Milan, of the
della Scala at Verona, and of Castruccio Castracani at
Lucca, that they took a force of mercenaries, mainly
Germans, into their service. In 1337 Taddeo di Pepoli,
having gained great popularity among the poorer citizens
and also with the mercenaries, forcibly assumed the position
of Signor of the city. He took precautions for his personal
safety, keeping a guard of mercenaries in barracks that he
made in the middle of the city, and building himself a
palace near the Via Cavalleria, which still retains its name :
but his government was effective, and seems to have been
far less unfair and vexatious than any of the many different
kinds of government which existed in Florence while he
ruled over Bologna.5
1 The clearest list of the societates artium et armorum is that for 1292,
given in Gaudenzi, 207, and following pages. Societates pro armis are
mentioned, 246, 247.
2 Gaudenzi, 113.
3 Cron. di Bologna, passim.
4 Gaudenzi, 52, 53.
5 All these details about Taddeo di Pepoli are taken direct from the
interesting narrative in the Cron. di Bologna, in Muratori, R.I.S., vol. 18.
378 ABSENCE OF [chap. xxi.
The cities in the valleys of the Po and the Adige may
next engage our attention for a few moments. Till about
_ . . 1300 most of them were torn with internal
Tyranm in
northern dissensions : after that ambitious citizens estab-
a y' lished in them purely urban tyrannies, somewhat
different from the tyrannies which Eccelin da Romano had
established between 1226 and 1237 in Treviso, Vicenza and
Verona. Eccelin had drawn his strength at least in part
from his petty vassals who lived on his country fiefs :
the new tyrannies after 1300 were upheld by bands of
mercenaries enrolled from outside the cities, but quartered
in the cities to protect their masters. The tyrants were as
good rulers as their effeminate subjects deserved: many of
them were lords of large groups of cities for many genera-
tions. The most powerful dynasties were those of the
Visconti and their descendants the Sforzas at Milan, and
the della Scala at Verona.
Both in the valley of the Po and in central Italy the only
men who could fight a battle in an open field were the
„ mercenaries, among whom few were of Italian
Few wars : . .
innumerable extraction. The cities near the Alps had their
mercenaries within their walls: the cities
about the Apennine range except Bologna after 1337
kept them outside. Neither the princes in the north
nor the citizens in Tuscany could wage any really re-
munerative wars because their armies were composed of
mercenaries and could not be trusted: but both princes
and peoples constantly conceived hopes that they could
undertake a war with profit: and consequently they
formed numberless vain leagues and alliances. Diplomatic
correspondence was carried on more actively during the
fourteenth century in Italy, and treaties were made
in greater abundance, than ever before in the world's
history.
chap, xxi.] MANLY COURAGE 379
Period III. 1494-1530. Subjugation of the
INLAND CITIES
From 1494 till 1530 Italy was often attacked by external
aggressors. An invasion by Charles the Eighth of France
in 1494 produced no considerable transfers of , .
1 Invasions of
territory. At the end of 1499 Louis the Twelfth Italy, 1404-
of France conquered Milan and the cities de- ISI5'
pendent on it and held them for twelve years. In 1501
Louis agreed with Ferdinand of Aragon to join with him
in an attack on Naples on condition that the two partners
in the enterprise should divide the conquered territory.
They overran all the Neapolitan kingdom and each took
half: but Ferdinand of Aragon had a great advantage over
his confederate. Louis could not send a fresh army from
France to Naples except by a long and toilsome march
across the Alps and the Apennines : Ferdinand could send
reinforcements from his kingdom of Sicily close at hand, or
at worst by a sea voyage of only about seven hundred miles
from Barcelona. The Spanish commander in South Italy,
Gonsalvo de Cordova, el Gran Capitan, was stronger than
the French, and by 1503 he had secured the whole of the
Neapolitan dominions for his master Ferdinand. In 1512
Louis the Twelfth lost the Milanese territory, and it went
to Maximilian Sforza, son of the last native Milanese duke :
but in 1515 Francis the First of France recovered it and
was holding it when Charles heir of the dukes of Burgundy
and of the Austrian Habsburgs and of the sovereigns of
Castile and Aragon and Sicily and Naples entered into
possession of all his dominions, and in 1520 acquired also
the titles of German King and Kaiser.
In 1522 Charles began competing with the king of France
for the mastery over northern Italy. The townsmen of the
380 STATO [chap. xxi.
inland cities had completely lost the practice of defending
themselves in arms, and the men of each city were so
jealous of other cities that they would not join
the inland with them in firm alliance. Thus the cities of
towns, Italy were as helpless as the Greek cities had
1522-1530. • .
been in the presence of Philip of Macedonia, and
from the same causes : it was therefore certain that one or
other of the two external powers would be their master.
Charles had the great advantage of a strong advanced position
in the kingdom of Naples : he drew a large revenue from the
prosperous trade of the townsmen in the Netherlands, and
he had a far larger recruiting ground in his own territories
than his opponent. By 1530 he was master of the inland
cities: Milan and its dependent towns he annexed to his
own dominions; the other inland cities he gave to princes
whom he expected to obey his orders.
During the fifteenth century and till 1515, when Francis
the First marched across the Alps, treaties and alliances were
The word made by cities or by tyrants of cities even more
'state' frequently than in the fourteenth century. In
the process of making the treaties or of considering the
rights which they conferred on the contracting parties, it
is probable that the diplomatic agents or the advisers of
rulers needed some word that would denote equally well
any of the contracting parties to a treaty ; it is certain that
they took into use the word stato, and could denote by it
either a city or a kingdom, either a republican government
or a despotic ruler. Machiavelli the first author of con-
spicuous genius who employs the word was himself employed
more frequently in negotiating treaties than any of his
contemporaries.
It is not obvious how the word stato acquired its new
meaning : but an attempt may be made to trace its history.
The Roman jurists from the age of the Antonines used the
chap, xxi.] STATUS 381
technical terms status liberi hominis, status libertini to
denote the rights and obligations inherent in all freeborn
men or in all freedmen, apart from any rights
which a particular freeborn man or freedman < status':
might have acquired under contracts of his own Roman
. • . . usage.
making and from any obligations which he might
have incurred by contracts.1 From the fifth, century to the
end of the eleventh the works of the Roman jurists were
unknown in western Europe except possibly to a few scholars,
and during that interval I have not observed that the word
status was used in any technical sense. Early in the twelfth
century Ivo of Chartres, who died in 1117, was acquainted
with some passages from Roman lawyers which are con-
tained in Justinian's Digest About the middle of the
twelfth century a copy of nearly the whole Digest was
discovered. From that time the study of the Roman law
was revived at Bologna, at Paris, and elsewhere. From
passages which I proceed to cite it will be seen that from
the middle of the thirteenth century status could denote
rights inherent in a person or a class, and that in the
fourteenth it was transferred to mean a class or a com-
munity in which distinctive rights were inherent.
In 1244 Pope Innocent the Fourth, in a sentence so long
that towards the end of it he forgot what grammatical
construction he had intended to give it, speaks of „ J.
■ r n Mediaeval
the status et honor of the English prelates : and in usages of the
the same year a council of English barons, when word status-
they order that those persons whose liberties have been
infringed since the last charter shall recover their rights,
say Status eorum reformetur? In 1301 the English barons
1 Passages from early jurists in Justinian, Digest, 1. 5., 'De Statu
Hominum.'
2 Matth. Paris, Cron. Maj., Rolls Series, vol. 4, p. 364, five lines from
end, and p. 366, eight lines from end.
382 LITERATURE AND ART [chap. xxi.
in the most important letter that they ever wrote, speak to
Boniface the Eighth of the king's status and his regia
dignitas in such a way as to show that the two terms are
equivalent.1 In 1339 Edward the Third in writing to
Benedict the Twelfth who reigned at Avignon, speaks of
status regis suique populi* In 1357 the French king's
son issued ordinances De Vavis de notre grand conseil des
dtats et des hommes des bonnes villes, thus giving to the
prelates and the nobles in the assembly of the states general
the title of etats or status? In the resolution of the English
Parliament which deposed Richard the Second the three
orders in the Parliament call themselves status regni and
twice more speak of antedicti status or dicti status* Finally
Machiavelli who died in 1527 frequently uses the word stato
to denote either a community with an independent govern-
ment of its own, or a government, or the territory owned by
a tyrant or by a community.5
In Germany as in Italy towns grew up and became
independent during the Middle Ages. The histories of half
Cities in a dozen German towns near the Rhine and the
Germany. upper Danube have been investigated and
collected by Wilhelm Arnold in his important work Die
Deutschen Freistddte. These towns, among which were
Strassburg, Mainz, and Cologne, were founded by the
Romans. After the Germans occupied the western empire
of the Caesars we hear little or nothing of them for three
centuries and a half, and it is probable that they became
1 Rishauger, Rolls Series, p. 209. Stubbs, Const. Hist., § 181, enumerates
in a note other places in which the letter is printed.
* Walsingham, Rolls Series, 1. 205, 1. 11.
* Lavallee, Hist, des Francais, 2. 40, from Ordonnances des Bois de France.
4 Walsingham, 2. 236, 237.
5 Besides passages cited in the margin of p. 3, see Machiavelli, Istor. Fior.,
book 3, ch. 16, ch. 17. In II Principe, ch. 5, uno stato di pochi is a
translation of the Greek oligarchia. Therefore in this passage stato means
merely gorernment.
chap, xxi.] IN MEDIEVAL TOWNS 383
unimportant. But after the missionary Boniface in the
eighth century had persuaded the Germans to the east of
the Rhine to become Catholic Christians, the towns received
bishops and came to life again. Till about 1300 they were
ruled by their bishops or by officers whom the bishops
appointed: but, inasmuch as they were surrounded by
warlike secular princelets, the bishops could not forbid the
townsmen the use of arms. From about 1400 the towns
became independent of their bishops, and were ruled by
trade guilds : but, since the townsmen were compelled on
occasion to take up arms and defend themselves from
external foes, they never fell, like the Lombard towns, under
tyranni, nor, like Florence, under the arbitrary power of
tradesmen devoid of courage and skill in governing.
In the towns of Italy individual citizens excelled both
in arts and in literature : in the German towns were found
painters, sculptors and workers in metal. Florence Literary and
alone between 1300 and 1530 produced Dante, artistic ex-
Giovanni Villani, Boccaccio, and Machiavelli : mediaeval
in all the rest of Europe the best writers within townsmen,
the same limits of time were Froissart, Chaucer, Malory, and
Comines. The Flemish town of Bruges, which at times was
almost independent, was the home of the painters John and
Hubert Van Eyck ; Ntirnberg of Albrecht Dtirer, of Adam
Krafft, and of Peter Vischer. The painters born and bred
in Italian cities were too many to enumerate, but it is
certain that they have given more delight to the eyes of men
than the painters of any other region at any time in the
world's history. In the peoples of Europe that were not
urban I do not know by name any master of an art who
lived between 1300 and 1530 except Alan de Walsingham,
the architect at Ely of the Lady Chapel and of Prior
Craudene's Chapel and of the octagonal dome of the
cnthedral.
384
TABULAR VIEW
[chap. XXI.
As the inland towns in Italy were many and were
collected in two groups whose histories were not alike, I
think it well to exhibit the communities in a
tabular form. The communities in the several
towns are placed in abbreviated pedigrees,
after the method that was adopted in the
twelfth chapter in tabulating the Greek urban
bodies politic and their governments.
General yiew
of inland
urban com-
munities in
mediaeval
Italy.
COMMUNITIES IN THE INLAND TOWNS OF
MEDIAEVAL ITALY
Communities.
Growp 1. — In Milan and in each
of the other large inland towns
of northern Italy,
(a) Till 1237 a succession of Consuls
communities, commercial but
also warlike.
Governments.
(b) After 1300 a succession of Tyranni.
communities, purely commer-
cial and effeminate.
Group 2. — In towns of central
Italy.
(1) In Florence.
(a) Till 1292 a succession of Anziani till 1282.
communities, industrial, com
mercial and warlike.
Then six
Priori, selected from the dis-
tinguished members of trades
guilds by the outgoing Priori,
and holding office only for two
months.
CHAP. XXI.]
OF INLAND TOWNS
385
COMMUNITIES IN THE INLAND TOWNS OF MEDIAEVAL
ITALY. — Continued.
Communities.
Governments.
(b) After 1320 a succession of Class governments of various
communities purely commer- sorts :
cial and industrial, and miser- (1) Heads of trades guilds,
ably effeminate. (2) Captains of the Parte Guelfa.
(3) Mild tyrannis of the Medici
family.
(2) In Bologna, which resembled
Florence, but was more ex-
posed to attack from outside.
(a) Till 1300 a succession of com-
munities equally attentive to
commerce and to military ex-
cellence.
A podesta carefully chosen by
commissioners, a large council,
and a general council.
(b) After 1325 a succession of Tyrannis, mild under Taddeo di
commercial and un warlike Pepoli, from 1401 ordinary
communities. tyrannis under the Bentivogli.
2 b
CHAPTER XXII
MEDLEVAL CITIES: (2) MARITIME CITIES POSSESSING
IMPORTANT TERRITORY OUTSIDE THEIR WALLS
The maritime cities of Italy in the Middle Ages were Venice,
Genoa, and till 1284 Pisa: after 1284, when the Pisan fleet was
destroyed by the Genoese off Meloria, Pisa differed but little
from the inland cities. Hence Venice and Genoa are the
only maritime cities that we need consider. Venice till the
fourteenth century had no territory in Italy except the
edges of its lagoons, and was entirely maritime. Genoa
from its beginning cared almost as much for its lands in
Italy as for its adventures on the sea. Genoa then stood
in less sharp contrast than Venice with the inland cities dis-
cussed in my last chapter : for that reason Genoa shall next
occupy our attention.
Genoa has the only good natural harbour on the Ligurian
coast, and on each side of the harbour it has a larger
Genoa- patch of fairly level ground than is to be
progress to found elsewhere in the neighbourhood. Hence
it came about that the Genoese were power-
ful both ashore and afloat. Before 1100, when they began
to employ an official historiographer,1 they owned the
1 From 1100 to 1293 the official annals printed in Mon. Germ. Hist., vol.
18, are the authorities for Genoese history : after 1293 Georgio Stella in
Muratori, Rer. It. Script. From these authorities all my statements are
taken direct, except possibly a few relating to Pope Innocent the Fourth.
My dates serve as references to the passages in the annals.
386
chap, xxil] GENOA 387
coast for twenty miles to the east of thein as far as Chiavari,
and to the west for ten miles as far as Volturi : the force
that they sent in twenty six galleys and six sailing ships to
join in the first Crusade was so strong that in 1100 the
promise of its zealous support induced Baldwin to accept
the kingdom of Jerusalem. In 1121 they purchased Vul-
tabium (Voltaggio) which commands the pass over the
Apennine range fifteen miles to the north of their city,
and thus became masters of the hill country in their
neighbourhood: in 1147-8 they joined in a crusade against
the Moors of Almeria in Andalusia. Between 1100 and
1150 they also by bribing a Pope and some Papal officials
gained some degree of control in the island of Corsica:1
but it does not seem that their influence in the island was
yet very important to them, because their annalists say
little about it. In 1140 they built a fort at Vintimilia
seventy miles to the west of Genoa, and thus they had a good
prospect of acquiring the whole western Kiviera. But in 1154
the advent of the Kaiser Frederic Barbarossa in Italy so
strengthened the markgrafs around Vintimilia that in 1158
the Genoese were expelled from their fortress. From that time
for half a century the acquisition of territory by the Genoese
was checked by the influence of Hohenstaufen Kaisers.
From 1100 till 1134 Genoa was divided into seven
companies, seemingly local wards, after 1134 into eight
companies. The companies elected consuls, Genoa.
but whether the men recognised as members government,
of the companies and thus qualified to take part * II9°*
in elections were the rich only or included all classes is not
stated by the annalists. Till 1190 consuls, whose number
was not always the same, were governors of the city : they
1 Caffaro, ad ann. 1123, pages 18-21, text and notes, in the edition of
Caffaro by Belgrano in Fonti per la Storia d'ltalia. This edition of Caffaro
is more handy than the great folio volume 18 of M. G. H.
388 GENOA [chap. xxii.
judged suits, initiated foreign policy, and often commanded
in war. By 1190 the consuls were divided into consules de
communi, conductors of the policy of the city, and consules
de placitis, judges in suits and trials.
In 1189 Henry the Sixth, son of Barbarossa and Kaiser,
became king of Sicily in the right of his wife Constance,
Genoa, but was °PP°sed by the Sicilians under Tancred.
11Q1-1216. In the next year he desired the help of the
Genoese fleet for the reduction of the Sicilians, and in
order to obtain it promised the Genoese that he would give
them Syracuse and some other harbours. The Genoese
agreed to help with their ships, and in 1191 in order to
deal with their foreign affairs and their new responsibilities
chose a podesta in lieu of the consules de communi. By
1194 Henry with the aid of the Genoese had got possession
of Sicily, but he repudiated his promise in regard to
Syracuse and the harbours, and treated Genoese merchants
and seamen with extreme harshness, so that the official
Genoese annalist of the time, Ottobon by name, says Im-
perator erga civitatem Januce nerozavit. Thenceforward the
Genoese were determined foes of the Hohenstaufen dynasty.
From 1191 to 1216 they had sometimes a podesta, sometimes
consules de communi: from 1196 onward in any year when
there was a podesta there was also a board of eight Rectores
who superintended finance and the fleet and the army.
From 1214 a new Hohenstaufen Kaiser Frederic the
Second was formidable to all his foes because his Guelf
. . rival Otto the Fourth had been defeated by the
Genoa in the •
time of the French king at the battle of Bouvines: and it
Kaiser Fred- Wftg not ^ 125g tnftt ^ Qenoege were qujfce free
eric the *
Second and from fear of the Hohenstaufen dynasty. From
till 1256. 1217 tQ 1256 the chief ^^ Q£ Genoa were
always a podesta together with eight Rectores who were
sometimes called Clavigeri or Octo Nobiles, and were
chap, xxil] GENOA 389
changed every year: on some occasions as in 1238 there
was also a Plenum Concilium of forty eight men, to which
each of the companies contributed six councillors. There
was no lack of popular control over the government, since
Genoa had a strong army of citizens : in 1234 the citizens
enrolled as soldiers from the four companies ' towards the
city ' had one banner, and those from the four ' towards the
burg ' had another. Hence meetings of all the citizens in
Parliaments were not unusual : one such meeting was held
in 1238 and in 1241 there were four.
The period from 1237, when the Kaiser Frederic the
Second undertook his war against the Lombard cities, till
1256 was, I believe, the happiest in the history
of Genoa. The citizens were all kept in concord unjted and
by fear of the Kaiser, and then for the first time prosperous,
. 12371256.
but by no means for the last they gained a
position of international importance: they gained that
position because their ships afforded a means of communic-
ation between Italy and western Europe whenever the
route through Lombardy and over the Alps was made
impassable by the presence of hostile armies. During the
contest between the Popes and Frederic the Second it was
very desirable more than once that a Pope and the pre-
lates of western Europe should meet together either in
Rome or somewhere in Gaul for the purpose of cursing the
Kaiser : when a Pope and the prelates of the west wished
to meet, the Genoese ships were their carriers. Although
in 1241 the Genoese imprudently embarked a large con-
tingent of bishops from France on a weak squadron of slow
ships, and on their voyage towards Rome were robbed of
their priceless passengers, yet in 1244 Pope Innocent the
Fourth was delighted to get a chance of being conveyed by
them from Civita Vecchia, the nearest port to Rome, to
Genoa, whence he could easily effect a junction with his
390 DECLINE OF GENOA [chap. xxii.
transalpine allies. From the beginning in 1237 of the
conflict between the Popes and the Hohenstaufer, and
perhaps from an earlier date, the Genoese gained acquisitions
of territory. By 1248 they held the coast to the east of
their city for forty miles to Levanto, and by 1251 they
controlled also all the western Riviera for a hundred miles
to Monaco.1 By the same time it seems likely that they
had little to fear in Corsica from rivalry on the part of the
Pisans : but I do not think that they cared to make settle-
ments in the island, which has no good natural harbours,
and could not attract a people of seafaring merchants.
Till 1256 the urban government of Genoa was conducted in
peace and order by the podesta and the eight Rectores. The
hill country near Genoa was ruled by Genoese nobles from
their castles, and it can hardly be doubted that the rest of
the highlands subject to the republic was ruled in like
manner : 2 the maritime towns to the east of the city were
governed by podestas and were called potestative: and in
1241 and 1264 there was also a podesta who controlled the
important Genoese colony in Constantinople.3
After 1256 Genoa and its territories were free from fear of
external attack. Feuds arose among its great nobles, and
^_ _ were repeated again and again for a century and
The Genoese, r & & J
12561380, a half. The chronicles do not tell us whence the
attack and* noDles drew their forces, but it seems likely that
riven with they may have obtained them from castles in
the highlands, and from potestatise. From 1270
to 1339 the chief officials were one or two captains of the
people elected yearly: after 1339 a doge was chosen to hold
office for life and to rule conjointly with an annually elected
council. Contests for the chief office were carried on so
1 Barth. Scrib. in M. G. H.y SS. 18. 225 1. 11, and 229 1. 5.
2 Barth. Scrib. ad ann. 1242, p. 202, mentions four castles of the Spinola
family near Genoa.
8 Barth. Scrib. ad ann. 1241, p. 197 1. 41, and 199 I. 55 : also ad ann. 1264.
chap, xxii.] THE VENETIANS 391
angrily that early in the fifteenth century the Genoese
placed themselves under the lordship of the king of France,
who sent military governors to control and protect them.
The terrible defeat which they sustained in 1380 from the
Venetians at Chioggia contributed to make them desire
protection from a foreign sovereign.
The maritime activity and commercial importance of the
Venetians before the time of Charlemagne have already
been noticed in the last chapter.1 We now need
to examine the structure and character of their history,
commonwealth. The earliest writer who gives Early
. . authorities.
us a continuous narrative of Venetian affairs is
John the Deacon, who lived among the Venetians, and
before and about the year 1000 was entrusted with the
management of important pieces of public business by a
man who was then at the head of their government.2
In 452 a.d. Attila and his Huns captured the important
Roman city of Aquilegia, and sacked Padua, Altinum,
Concordia, and Opitergium, all situated on the
The
mainland.3 It is likely that dread of the Huns Venetian
may at this time have driven some inhabitants lslands t°
J ; m 550 A.D.
of the mainland to take refuge in the miserable
islands of mud that rose even at high tide above the waters
of the Venetian lagoon, that the settlers on each island may
have chosen a tribune to command them, and that their
tribunes may have been some of those Tribuni Maritimi to
1 Page 355.
* The very valuable Chronicon Venetum of John the Deacon is published
in M . G. H. , SS. vol. 7 : his other work, Chron. de singulis patriarchis Grad-
ensis ecclesice, in M. G. H. Scr. rer. Langob. et Ital., pp. 393-397. A Chronicon
Gradense, commonly attributed to John the Deacon, but so thoroughly un-
historical that I do not believe it is his work, is in M. G. H., SS. vol. 7. All
the workB attributed to the Deacon have been published in a handy shape
by Monticolo in Fonti per la Storia d'ltalia, Cronache Venez. antichissime,
vol. 1. When I cite any of the works I give reference to the volume edited
by Monticolo.
3 Horatio F. Brown, Venice, An Historical Sketch, 1893, p. 5.
392 DOGES OF THE VENETIANS [chap. xxti.
whom Cassiodorus the secretary of Theodoric the Ostrogoth
about 523 a.d. addressed his well known epistle.1 From
about 550-560 we get our first explicit information about
the islanders from John the Deacon. He tells us that in or
about 557, and therefore at a time when a district of Italy
including Padua, Bologna, and Ancona was ruled by a
Byzantine exarch at Ravenna, and when the Lombards
had already occupied Pannonia on the upper valley of the
Save, only a hundred miles from the lagoon and the islands,
the inhabitants of some of the islands voluntarily joined
together in a body politic and set over them a common
government, namely a council consisting of all the tribunes
whom the inhabitants of each island in each year chose to
be their governors.2
By the year 700 twelve islands or other settlements were
joined in the Venetian confederation. Grado, near Aquilegia
Doges of the an(^ tymg a^ the north east end of the lagoons,
Venetian was the seat of their archbishop, who after the
confederacy . . .
from about Byzantine fashion was called patriarch. Her-
700 a.d. aclea, between the rivers Piave and Livenza, was
seemingly the most important of the settlements.3 About
the year 700 the people of the Venetian confederation were
dissatisfied with the government of their council of tribunes :
they met in an assembly, with their patriarch and bishops,
and chose a doge to be their ruler and above their tribunes
for the term of his life.* For forty nine years there were
1 Cassiodorus, Variarum, 12. 24.
* For date Johannes Diac. ed. Monticolo, p. 94. 1. 13, p. 90. 1. 19. For
the Lombards in Pannonia, ibid., p. 60. For the council of the tribunes,
ibid., p. 91. 1. 1, 2.
3 Joh. Diac. ed. Monticolo, pp. 62-66, and map in H. F. Brown, Hist.
Sketch, p. 3. From a far more carefully drawn map in Baedeker, Northern
Italy, end, I gather that the lagoons in truth extend from Chioggia in the
south to a point eastward of Grado, and that Heraclea was not, as
Horatio Brown marks it, situate on the mainland but in an island of
the lagoon.
* Joh. Diac, p. 91.
chap, xxil] CITY OF VENICE 393
doges residing at Heraclea j then for five years (about 740-
745) there was no doge, but a succession of magistri militum:
from about 745 till 811 there were doges residing at the
island of Malamocco now usually known as the Lido.1
About the years 831-834 and in 980 tribuni are men-
tioned in John the Deacon : 2 in some modern writer I
have read that from some date which I cannot recall till
about the year 1000 there were always two tribuni serving
under the doge.
In 810 Pippin, son of Charlemagne, king of Italy under
his father, made an unsuccessful attempt to conquer the
Venetians. His attack taught them that their Riaito, now
government had in Malamocco only an insecure Ve»lce» the
° ■* seat of the
abode, and consequently they moved it to the Venetian
islands of Rivus Altus, the Deep Channel, in the fr^ g"™en
middle of the lagoon, which were afterwards a.d.
known as Riaito, and are now the city of Venice. From this
time forward the population and its wealth was more and
more concentrated at ,the seat of government, and by the
year 1000 the Venetian body politic was becoming a purely
urban community.5
The doges from the time when their office was created
were the only powerful officers of the confederacy : always
they were decidedly more powerful than the
tribunes. They were elected officers chosen for power 0f the
the term of their lives : but many of them tried d°ges, 8n-
. "72.
to secure the appointment of their sons as their
successors. Their attempts provoked rebellions. In five
1 For the residence of the doges at Malamocco see Joh. Diac. , pp. 97-106.
In regard to dates between 700 and 810 I makes guesses from the state-
ments of John the Deacon, though I know that the slightly different dates
given by the doge and chronicler Andrea Dandolo, who ruled and wrote
about 1350 a.d. , are preferred by most modern critics. It is impossible to
follow the Deacon precisely, because between 707 and 810 he mentions about
138 years, that is to say about 35 more years than actually elapsed.
2 Joh. Diac, pp. Ill, 143. 3 Joh. Diac, pp. 100-106.
394 DEPENDENCIES [chap. xxii.
centuries from 700 to 1192 there were forty doges. Only
eighteen remained doges till their deaths: seven resigned, seven
were deposed, and eight were put to death.1 Yet till 1172 the
Venetians failed to establish any authority capable of putting
a steady restraint on the ambitions and caprices of their doges.
It seems to be nearly certain that between 998 and 1172
new enterprises undertaken by the Venetians and new
Transmarine experiences that resulted from their enterprises
dependencies compelled their successive generations within
Venetians, that period to recognise the necessity of keeping
9981130. the activity of their doges within bounds. From
998 they began to acquire transmarine dependencies, from
1081 they became active in foreign policy, and in the winter
of 1171-72 their fleet was crippled in active service far away.
In 998 their prudent and powerful doge Pietro Orseolo the
Second set out with a naval force to rescue some inhabitants
of Istria and Dalmatia from grievous molestations inflicted
on them by their piratical neighbours the Narentani Slavi
who lived on the mainland opposite to the isle of Lissa.
When his work was done he took the peoples whom he had
delivered under the protection of the Venetian Republic,
took the title of doge of Venice and Dalmatia, and trans-
mitted it to his successors.2 Between 1081 and 1085 the
Venetians fought effectively on behalf of the Byzantine
emperor Alexius Comnenus against Robert Guiscard the
Norman Duke of Apulia : in return for their services they
received from Alexius a Golden Bull, which enabled them
to trade free from import dues in all ports of his empire,
and gave them a quarter to inhabit in Constantinople, in
Durazzo, and in some of his other towns that could be ap-
proached from the sea.8 Between 1100 and 1130 the service
1 Hopf in Raumer's Historisches Taschtnbuch for 1865, p. 24.
2 Horatio Brown, Venice, Hist. Sketch, pp. 67, 68.
3 Romanin, Storia di Venezia documentata, 1. 312-328.
chap, xxn.] OF VENICE 395
which the Venetians rendered to the Crusaders in conveying
them across the sea to Syria was rewarded by the cession to
them of ground for permanent settlements in Tyre and in
other ports in its neighbourhood.
In 1171 Manuel Comnenus, who had in 1155 conquered
Apulia and Calabria from a grandson of Robert Guiscard,
and who still cherished designs of conquests in
,. , , • ill- Destruction
Itaty, repudiated the concessions made by his 0f a great
ancestor Alexius to the Venetians.1 He im- Venetian
• t naval
prisoned their merchants and seized their goods, armament
The doge Vitale Michele sailed in command of a by Plasue>
° 1171-2.
great Venetian fleet to oppose the Byzantines,
but he foolishly missed an opportunity of fighting a decisive
battle, and, taking shelter during the winter in the ports of
Chios, Lesbos, and Lemnos, lost nearly all his sailors and
their commanders through an epidemic sickness. In the
spring of 1172 he came home and was murdered in a rising
of the population. Thereupon, during an interregnum, the
Venetians began to make far reaching changes in their
system of government.
In the period from 998 till 1172 in which the Venetians
were improving their fleets, taking part in important wars,
and winning transmarine trading stations, there
had been established among them many noble change in the
families of rich merchants quite distinct from Sjflf
the older noblesse, whose families dated from government,
before 998 and had in that early period furnished
doges and tribunes to the republic. The old noblesse
were inclined to bear themselves as members of princely
families, and when one of them became doge his rule
was arbitrary. In 1172 the members of the new mercantile
families wished to diminish the influence of the old
princely families and to set bounds to the power of the
1 Gibbon, ch. 56, vol. 6, 214-216 in Prof. Bury's edition.
396 THE GEEAT COUNCIL [chap. xxii.
doges.1 Many members of the new families had learned in
distant regions how to deal with difficult questions affecting
the interests of their communities in foreign shores, and they
thought that they were better qualified than any doge to
manage the affairs of the Venetian commonwealth. They
were quite right in their opinion: and so it came about
that they and their successors between 1172 and 1300
transferred the supreme power in their republic from the
doges, who were elective monarchs, to three councils com-
posed of nobles highly skilled in the transaction of public
business. They desired to attain three objects: first that
the actions of the doge should be restrained by a powerful
council, and that the council should elect the doges:
second that, if a doge or any other man was guilty of any
usurpation, there should be a court ready to punish him :
and thirdly that foreign affairs should be wisely and
secretly debated in a competent senate.
During the interregnum of 1172 the Venetians reached
only the first of their requirements. Before 1172 there was
already a council in existence, whose members
1 193 of the were called Pregadi, or men invited by the doge
new mercan- ^0 „jve njm advice, in case he asked them to
tile nobles. ° . . .
meet and desired their opinion: but no doge
ever summoned them if their advice was likely to go
against his own wishes, and therefore they were unable to
put any restraint on his actions. In 1172 the chief men of
the new families met together and resolved that each of the
six wards of the city should elect two men, and that each
of the twelve men thus elected should nominate forty
members of a Great Council, and at the end of every year
the Council should appoint electors of a new Council.2 As
1 Horatio F. Brown, Studies in the History of Venice, vol. 1, p. 48 and
foil, in the essay on Bajamonte Tiepolo.
2 Romanin, Stor. doc, 2. 90.
chap, xxil] THE GREAT COUNCIL 397
the Venetians were disgusted at the recent folly of their
doge Vitale Michele they accepted the proposal of the new
families, and a Great Council of four hundred and eighty
members was established. At the same time it was arranged,
though not without much public dissension, that for the
election of a new doge the Great Council should choose
from its own numbers eleven men empowered to nominate
a candidate for election to the office of doge for the approval
of the assembled citizens. The townsmen at large did not
like losing the power of choosing a doge freely: but they
acquiesced in the proposal of the new families, and soon
afterwards it was a recognised rule that the man nominated
by men chosen by the Great Council should be doge of the
republic.1 The Council was amply endowed with powers:
it elected not only the doge, but also all other officers of the
commonwealth, among whom were the six councillors who
advised the doge, and it prepared all laws and all resolutions
for submission to a vote of the assembled citizens.2
Subsequently between 1178 and 1193 when Orio Mastro-
perio was doge the new families attained the second of
their desires and established a strong court of criminal
judicature.3 The new court was the Quarantia: its forty
members being officers of the commonwealth were elected
by the Great Council, and they were not only the supreme
judges in all criminal cases of importance, but they also
were a court of appeal in civil suits, and they gave audience
to ambassadors from foreign sovereigns.4 After the death
of Orio Mastroperio in 1193 all the doges till the extinction
of the Venetian Republic in 1797 were, with one exception,
merely servants of the mercantile nobles, though they
were surrounded with pomp and ceremony exceeding any
1 Roman in, Stor. doc. di Veil., 2. 89-93.
2 Ibid. , 2. 90 end, and 91 first two lines.
3 Ibid., 2. 137. 4 Ibid., 2. 137.
398 MORE DEPENDENCIES [chap. xxii.
that had been assumed by the arbitrary doges of earlier
times.
The one doge after 1193 who rose to importance was
Enrico Dandolo, the immediate successor of Orio Mastro-
Fresh perio. He found an opportunity of rising to
dependencies eminence by accepting military and naval
coined by the
Venetians, command in a most difficult enterprise. Ever
1204. since 1172 the Venetians had been longing to
take revenge on a Byzantine emperor for the wrongs and
the sufferings inflicted on them by Manuel Comnenus. In
1202 they succeeded in persuading a large force of Crusaders
to join with them in an attack on Constantinople, in which
their ships were commanded by the venerable Enrico
Dandolo. In July 1203 they with their allies took the
city a first time: it revolted, and in April 1204 they
captured it again. Before Constantinople was taken for
the second time the Venetians and the Crusaders, thinking
to become masters of the whole Eastern Empire, agreed on
a division of their expected conquests.1 To an emperor
who was yet to be elected were assigned two palaces in the
capital, a quarter of the territory of the empire, and the
prerogative rights of the Caesars: all the rest was to be
divided in two equal shares, one for the Venetians, the other
for the Crusaders. From this agreement, which could not
be executed, the Venetians took the pretentious title, Lords
of a quarter and a half of the Roman Empire.2 When the
invaders in 1204 reckoned up the conquests of which they
were able to take effective possession, the Venetians received
as their share three of the eight wards in Constantinople,
Modon at the south west corner of the Peloponnesus,
Adrianople and an adjacent strip of territory, and all the
1 For the place of the agreement in the Beries of events see Gibbon, ch. 61,
note 1, addition by Professor Bury.
2 Gibbon, ch. 61, note 9.
chap, xxii.] OF VENICE 399
islands of the yEgean Sea except those near to the Hellespont
or to Asia Minor. They soon saw that Adrianople and its
district was useless to them : and they were glad to give it
up to Boniface of Montferrat whose share was the kingdom
of Thessalonica, and to receive in return the island of Crete,
which was already commonly called Candia. Their most
precious acquisition was their three wards in Stamboul :
Modon was a convenient port of call for their ships on their
way to the Bosporus, and Crete was a halfway house for
voyagers going to Tyre or Alexandria. The Venetian
Republic established a settlement at Modon and took the
place into its own possession, no doubt sending thither a
podesta or a bail as to Constantinople:1 to the town of
Candia also they sent a colony but could not keep their
settlers under efficient control : 2 all the islands except Crete
they gave away as benefices to distinguished Venetian
families.3 As to the relations of the Venetian sovereigns
of islands to the Venetian Republic I have found no direct
evidence, but there is not the slightest indication that they
ever failed in obedience to the Great Council. If they had
quarrelled with the government of their mother city they
would have lost the protection of its fleets and would soon
have ceased to draw any revenue from their islands. It
seems likely that they may have resided at Venice and sent
bailiffs or governors to manage their islands. If my con-
jecture is correct they lived at Venice like any of the other
commercial nobles, and simply derived an increase of income
from their distant possessions.
The man, to whom the Venetians and the Crusaders gave
1 Gibbon, ch. 61, vol. 6, p. 416 in Bury's edition.
2 /&»<*., ch. 61, n. 12.
3 See the admirably complete list of the islands and of their possessors
which was published by Professor C. Hopf in the Sitzungsberichte of the
Vienna Academy, 1856, vol. 21, p. 221 and foil., and is copied into Gibbon,
Bury's edition, vol. 6, app. 18, pp. 558-560.
400 THE CLOSING [chap. xxii.
the title of emperor and a fourth part of the Greek
emperor's dominions, was Baldwin, Count of Flanders, the
Undim- ^rs^ °^ s*x Latin emperors of Constantinople,
inished In 1261 his kinsman and successor Baldwin de
Venetians, Courtenay was dethroned and supplanted by
1204-1328. kne Greek Michael Palaeologus, who had recently
by usurpation acquired the empire of north western Asia
Minor, including Smyrna, and Magnesia, and the capital
city Nicaea near the Propontis.1 The substitution of a Greek
for a Latin emperor at Stamboul did little hurt to the
Venetians : for Michael Palaeologus permitted the Pisans,
the Venetians, and the Genoese to retain their factories in
his capital, accepted their oaths of allegiance, encouraged
their industry, confirmed their privileges, and allowed them
to live under the jurisdiction of magistrates appointed by
the governments of their mother cities. If the Venetians
suifered any loss at all it was only because the new emperor
bestowed on the Genoese, who had agreed with him before
he gained Constantinople that if he needed their aid they
would help him, exclusive possession of Galata, which is only
separated from Constantinople by the strait, two furlongs
broad, at the entrance of the harbour of the Golden Horn.2
The Venetians felt the vicinity of their rivals in Galata
inconvenient: but at some time in the reign (1282-1328) of
Andronicus the Elder, son of Michael Palseologus, they were
so strong that one of their fleets could frighten the Genoese
out of Galata, and then could land detachments of men who
burnt their empty habitations.3
About 1282, the time when Michael Palaeologus died, the
new commercial families at Venice, who already possessed
nearly all the seats in the Great Council, were seized by
a fear, which seems to have been groundless, lest their
1 Gibbon, ch. 61 in Bury's edition, vol. 6, pp. 434-440.
2 Ibid., ch. 62, vol. 6, p. 466 in Bury'8 edition. 3 Ibid., vol. 6, p. 509.
chap, xxil] THE GREAT COUNCIL 401
sanctuary the Great Council should be in some way invaded
by their opponents, the members of the old princely families.
They desired to get a law passed which should
make it almost impossible for any man, unless of the Great
he were descended in a male line from some Council>
1298.
man who had been a councillor since 1172,
to obtain a place in the Great Council. In 1286, they
proposed their law but could not get it accepted : in 1298
they gained their end. The measure which they carried is
commonly called the Closing (serrata) of the Great Council :
it had the effect of turning the new commercial nobles into
a ruling caste of conciliar families not less exclusive and
retentive of power than the curule families had been in
ancient Rome in the century that followed the defeat of
Hannibal.1 It does not, however, appear that the members of
the commercial families were bad or mischievous managers of
public business. The Great Council, which they completely
controlled, appointed men in every year to select the
members of the smaller councils, but, being now a numerous
body, did not perform the work of administration. That
was left to the smaller councils: the members of those
smaller councils were carefully selected, and there is nothing
to indicate that their rule bore hardly on any class except
possibly such members of the princely families as showed
any indignation at their unfair exclusion from influence in
the life of the commonwealth.2
1 Till recently, when I found and read the essay by Horatio Brown on
Bajamonte Tiepolo, I never understood what was done at the Closing of the
Great Council. The essay is the second in Brown, Studies in Venetian
History, vol. 1.
2 My impressions of Venetian institutions and their merits are derived
from the masterly treatise by Hopf, which is to be found in Raumer's
Historisches Taschenbuch for 1865. In that treatise masses of evidence which
confute the erroneous statements of Daru were for the first time collected
and published. Even now the work of Hopf is without a rival among the
many commentaries on Venetian government in the Middle Ages.
2c
402 COUNCIL OF TEN [chap. xxii.
In 1309 Bajamonte Tiepolo, grandson of a former doge,
conspired with other members of the old noblesse to over-
power the Great Council by armed force and to
of Ten: soon get the councillors into his power: and it is
er 1310. possible that his project might have succeeded
if his fellow-conspirator Badoer had not been prevented by a
storm from crossing the lagoon at the appointed time with
his contingent of insurgents.1 The conciliar families were
alarmed, and certain precautions which they took for their
future safety gave the Venetian government from thence-
forth its peculiar character of mysterious secrecy. The
Quarantia was too large a body for the prompt detection
and punishment of treasonable projects. The conciliar
nobles selected ten men to form a nucleus of a new court
of criminal justice : these ten, sitting with the doge and the
six councillors assigned to him by the Great Council, were
known as the Council of Ten. This new council was a
committee of public safety, and, as such, before long obtained
the power of secretly inflicting punishments without limit
and without regard to any law : it followed as a matter of
course that it was able to dominate all other organs in the
government, and to usurp authority over their functions.
The conduct of foreign affairs was said to be the work of
the Pregadi, and till the fall of the Republic the Pregadi
gave instructions to ambassadors going to foreign courts,
and received their official reports : but it sometimes
happened that the Council of Ten secretly gave the
ambassadors quite different instructions, and received from
them independent and confidential reports, which alone had
influence in determining the policy of the Republic.2 In
1355 the Ten tried the Doge Marino Falieri for treason,
1 Horatio Brown, Essay on Bajamonte Tiepolo, the second of his Studies
in Venetian History, and Hist. Sketch, pp. 168-176. The fullest narrative of
the conspiracy is this last in the Hist. Sketch.
2 Horatio Brown, Hist. Sketch, p. 182.
chap, xxii.] DECLINE OF VENICE 403
found him guilty, and ordered him to be executed at a few
hours' notice.1 Occasionally in the sixteenth century,
certainly once in the year 1539 as we learn from records,
the Ten became even more terrible by delegating all their
boundless powers to Three Inquisitors of State. We do
not know much about the Three Inquisitors, nor of the
occasions when they were called into existence, because the
Ten usually kept no written records of their proceedings :
but competent critics think it likely that they may have
been employed sometimes even so early as the fifteenth
century.2
Soon after the conspiracy of Bajamonte Tiepolo had been
suppressed, the Venetians began acquiring territory on the
mainland near their lagoons. Between 1339 and
1406 they annexed the district of Treviso: acquired by
before 1492 they possessed Padua and Verona : Venice in
and soon after 1492 Friuli, Brescia, and Bergamo
were added to their territory.3 The conciliar nobles kept
their subjects on the mainland equally devoid with the
common folk on their islands of political privilege, and
carefully abstained from employing them as soldiers. When
they needed a military force they hired a mercenary army
under some condottiere : the most famous of the adventurers
in their service was Bartolommeo Colleoni, whose admirable
equestrian statue, modelled by Andrea Verrochio, adorns the
open space at the west end of the church of S. Zanipolo.4
The communities that lived in Venice from the beginning
of the sixteenth century were less important among the
powers of Europe than their predecessors of the The decline
fourteenth and fifteenth century. For three ofVemce-
reasons they were less important. Firstly, the Turks about
1 Horatio Brown, Hist. Sketch, p. 205. 2 Ibid. p. 401 : Hopf, p. 87.
3 See Spruner-Menke, Atlas (1880), maps 25, 27.
4 The full name of the church is Santi Giovanni e Paolo : but it is never
pronounced.
404 ORIGINS OF THREE CITIES [chap. xxii.
the year 1500 gained an ascendancy in the Levant. Secondly,
the discoveries of America and India caused long voyages on
the ocean to be more attractive to mariners than short
voyages in the Mediterranean Sea, and thus transferred the
leadership in maritime enterprise from the Venetians to
those peoples further to the north west of Europe who had
the best access to those seas which must be crossed before
distant continents could be visited. Thirdly, in 1530, the
Austrian dynasty of Habsburg gained a dominant position
in northern Italy, and thus shut in the Venetians on the
west as well as on the north and on the east. In the
seventeenth and eighteenth centuries the power of the
Venetians visibly declined, and in 1797 Napoleon Buona-
parte took their city without striking a blow, and handed
over both their city and their territory on the mainland to
the Habsburg sovereign of Austria-Hungary.
At the end of this chapter I shall according to my usual
practice append a tabular statement of the communities
Genoa and which successively inhabited the two cities Genoa
Venice not and Venice, which have been described in the
their chapter, and of their governments. But before
histories. doing this I wish to say that the histories of
Genoa and of Venice do not seem to me to resemble one
another very closely. The history of the Venetians is much
more like the history of the ancient Romans, than like the
history of the Genoese, and in its earliest stages it also finds
a counterpart in the earliest stages of the history of ancient
Sparta.
The earliest inhabitants of the city of Venice, as of Rome
and of Sparta, consisted of more tribes than one voluntarily
joined together under one government and settled together
in a single city. Sparta was founded by two tribes ruled
respectively by the Agidse and by the Eurypontidse, Rome
by the Tities, the Ramnes, and the Luceres, Venice by
chap, xxil] COMPARED 405
twelve tribes settled on the islands of the Venetian lagoon.
The descendants of the first founders of Sparta and of
Rome were extremely proud and exclusive similarity of
bodies of burgesses, at Sparta the Spartiatae, the origins
at Rome the Patres : from among the descend- Sparta and
ants of the founders of Venice was formed an Rome-
extremely proud and exclusive body of commercial nobles.
The Roman Patres were singularly prudent in their policy
both at home and abroad : so probably were the Spartiatae
until they were seduced into the folly of enslaving the
Messenians, since up to that time and afterwards they
were readily obeyed by their Perioeki in Lacedaemonia : so
certainly were the Venetian commercial nobles. Similarity
of character and conduct in the later generations of three
peoples following on a similar mode of junction of the
earliest generation in each people cannot be thought to
come from mere chance or coincidence, but must almost
certainly be the effect of like causes acting in the three
peoples. It is rash to guess what causes may have been
acting in peoples whose history is unknown; but some
similar causes must have been acting in the three peoples,
and they may have been these. Exclusiveness in an urban
community, compounded of more tribes than one, would
naturally arise through jealousy among the tribes. Thus
in Rome the Tities would not be allowed to adopt new
members of their tribe at pleasure, because the Ramnes and
the Luceres would fear lest they might be outnumbered :
thus through jealousy no new member could be admitted
to the close corporation of the Roman Patres unless his
admission was sanctioned by the Tities and by the Ramnes
and by the Luceres. Abundance of men skilled in govern-
ment would arise from like reasons. In ancient Rome the
original senate consisted of a hundred Tities, a hundred
Ramnes, and a hundred Luceres : all the senators from each
406 COMMENTS ON [chap. xxii.
tribe would wish to attend all the meetings of the senate in
order that the interests of their tribe might not be over-
looked. Hence it would follow that senators would nearly
all hear all the debates of the senate and would gain
acquaintance with the course of public business. In like
manner in the Venetian confederacy before 700, when the
government was vested in a council of twelve tribunes,
it would be impossible for Heraclea or Malamocco to
admit new citizens because the tribunes of the other
islands would fear that the island which acquired new
citizens would also acquire preponderance in wealth and
population.
The singular ability of the commercial nobles at Venice
in conducting public business cannot be attributed to the
same cause which originally taught the Roman
tfceUter ° Patres to be prudent rulers, because the class
experience of commercial nobles did not arise durinsr the
Venetians federal period of the Venetians. Yet there were
and the Kfa causes for the acquisition of prudence in
Romans. x . L
government by the commercial nobles of Venice
and for the practice of prudence in government by those
later Roman Patres who were only descended from the
Patres of the federal period of the Romans, and who lived
in a time when the distinctions among the Tities and the
Ramnes and the Luceres had long been forgotten. Some
centuries after the federal period of Rome the Romans
expanded into districts won from the Etruscans of Veii,
from the Capuans, from the Sabines. Some centuries after
the federal period of Venice the Venetians expanded into
settlements far away beyond the seas. From the necessity
of defending their outlying settlements both the nobles
of Rome and the nobles of Venice learned to set a right
value on prudence in government and on prudence in
foreign policy.
chap. xxii. J CITIES WITH DEPENDENCIES 407
Although the three peoples that lived in Venice, in Rome,
and in Sparta (since each of them owed its origin to a
voluntary junction of tribes and each of them
formed itself into a city state) were alike in the on cities
earlier parts of their careers, it is manifest that witk depend-
cncics.
they were not alike in their histories from
beginning to end. Their earliest generations were alike,
because like origin gives like character ; and their generations
continued to be alike till something occurred which pre-
vented the transmission of inherited character to a further
generation. As soon as we come in the history of one of the
peoples to a generation which acquired dependencies, that
generation assumes a character that was not present in its
fathers or forefathers: and since dependencies can be
acquired in an infinite number of ways, there is no reason
why any two communities which acquire dependencies
should be alike, or why their descendants should be alike.
If reference is made to my tables of pedigrees of urban
communities,1 it will be seen that both in ancient history
and in the Middle Ages the pedigrees of those peoples which
never acquired a dependency are arranged in groups of
similar pedigrees, but every pedigree of a conquering urban
people has to stand in isolation.
1 See pages 279-281, 384-5, 408-9.
408
TABULAE
[chap. XXII.
BODIES POLITIC IN MARITIME MEDIEVAL CITIES
WITH DEPENDENCIES
Bodies Politic.
(1) In Genoa, a city with
adjacent dependent territory
in mountainous country, and
with settlements beyond sea.
(a) From 1100 to 1256.
Composite bodies politic held in
concord by dread of enemies
on the land.
(b) From 1256 to 1380.
Composite bodies politic free
from fear of attack and riven
with discords.
(2) On the Venetian lagoon.
(a) From 557 or 567 to about
700.
Confederation of twelve islands.
(6) From about 700 to 810.
A closer confederation.
Governments.
Till 1190 consuls.
From 1217 to 1256, a Podesta,
eight Rectores, Plenum con-
cilium of 48 elected councillors,
occasionally a general assembly
(Parlamento).
From 1270 to 1339, Captains of
the People, sometimes one,
sometimes two.
From 1339 Doges, elected for
life but often deposed.
Many governments :
For each island, a tribune elected
annually.
For the whole, a council of the
tribunes.
A Doge, first at Heraclea, then
at Malamocco.
CHAP. XXII.]
VIEW
409
BODIES POLITIC IN MARITIME MEDIAEVAL CITIES WITH
dependencies. — Continued.
Bodies Politic.
(c) From 810 to 998.
A confederation gravitating
towards its centre, the city
of Venice.
Governments.
A Doge at Venice. Frequent
attempts of Doges to found
dynasties.
(d) From 998 to 1172.
Almost purely urban com-
munities, with foreign de-
pendencies, and important
foreign alliances.
(«) From 1172 to 1310.
Purely urban communities, with
extremely important foreign
dependencies.
A Doge at Venice.
A council consisting of members
of the new commercial noble
families.
(/) From 1310 to 1797.
Purely urban communities intent The Council of Ten, appointed
on maritime commerce. by selectors chosen by the
commercial nobles.
CHAPTER XXIII
UNIONS OF PEOPLES: STRONG KINGLY GOVERNMENTS
We now turn back to peoples derived from compulsory
junctions of tribes or of fiefs. In the early part of the
fifteenth century, as we have already seen, the four largest
groups of such peoples, living in England, Castile,
Sweden and France, had formed only composite bodies
politic, and were suffering disasters through the weakness
of their central governments, and the insubordination of
local groups of men led by nobles or princes. Among the
lesser peoples those in Germany were already fairly well
united, because all their local districts were within short
distances from their centres and could be kept under con-
trol: the other two of the lesser peoples formed through
compulsory unions of communities, the Danes and the
Savoyards, have not as yet come under our notice. In
the present chapter we shall observe that before 1814, the
larger masses of men descended from junctions of tribes or
of fiefs strengthened their central governments, and all of
them but one produced united bodies politic. We shall
moreover see that in the same period ended in 1814
the lesser peoples also set up strong kingly or princely
governments, and that in most cases they took this step
because they needed authoritative leaders to protect them
against aggressive action on the part of their more powerful
neighbours.
410
chap, xxiil] STRENGTHENING OF GOVERNMENTS 411
The history of the strengthening of central governments
in European peoples or groups of peoples, and of the
progress made by the larger masses of men perj0dSbe-
towards unity can be divided into three periods : tween the
',.,„.. r fifteenth
(1) to 1530. century and
(2) 1530-1589. l8l4-
(3) 1589-1814.
Till 1530 the strengthening of the central governments
was brought about in England and Castile in the first
instance by the exhaustion of the forces that ^ Till IS30
tended towards strife, and by the desire of the Causes of
peoples to be protected from civil dissensions in g0vern-
the future: in France and in Sweden it was ments-
needed in order to enable the peoples of the countries to
recover their independence. After 1481 fresh additions
were made to the strength of the central governments in
Spain and in France, because the kings of the countries
with the approval of their subjects undertook difficult
external wars, and needed great authority at home in order
to conduct them successfully.
In France between 1415 and 1420 the greater part of the
demesne was conquered from its ruler, the mad king Charles
the Sixth, by Henry the Fifth of England with •,, Tiu IS30
the connivance or the open aid of two dukes of France.
Burgundy. After the deaths in 1422 of Henry and Charles,
the fiefholders in France other than the Duke of Burgundy
acted as independent allies of the new king of France,
Charles the Seventh, for the expulsion of the English : and
as they fought better against the foreign intruders than the
lazy French king, though not so well as the heroine Joan of
Arc, there was no reason to imagine that the French would
be aided towards the recovery of their independence if the
fiefs were brought under a common government with that
part of the demesne which remained to Charles the Seventh.
412 FEANCE [chap, xxiii.
But after Joan of Arc had been captured in 1430 by the
enemy all the central districts of France were horribly
pillaged and tormented either by the English or by small
armies of French soldiers led by private adventurers who
had no money to pay their men. Hence Charles the
Seventh in 1439, after holding a states general at Orleans,
issued a decree in which he firstly forbade any Frenchman
to be a captain unless he held the king's commission, and
secondly deprived the fiefholders of the power to levy any
tax from their subjects which could impede the king in
collecting the taille, a direct tax whence most of the royal
revenue was derived. The edict gave the king a standing
army, and an income to pay it. Louis the Eleventh, son of
Charles the Seventh, feeling strong in the possession of the
army, threatened Bretagne, which was not in France, and
which had except on rare occasions been exempt from
binding homage to the French kings. The French fief-
holders, except the Due de Bourbon, upheld Bretagne.
Louis was defeated and humiliated in 1465 by the fief-
holders, who included among them the Duke of Burgundy,
sovereign of the Netherlands ; but before his death in 1483
he had overcome them, had brought their fiefs into the
demesne, and ruled all France except Bourbonnois and one
or two lesser fiefs in its neighbourhood with unlimited power.
The dispossessed fiefholders had not usually been hard
masters : Louis taxed all his subjects with reckless cruelty.
Hence, when Louis was dead, discontent became apparent,
and the tyranny was relaxed. But Charles the Eighth,
Louis the Twelfth and Francis the First tempted the
fighting men in France with expeditions into Italy where
plunder was likely to be abundant, and Francis after 1515,
when he won the battle of Marignano, was as absolute a
ruler as Louis the Eleventh had been. But the inhabitants
of the fiefs had suffered their annexation to the demesne by
chap, xxiil] ENGLAND, SPAIN 413
Louis the Eleventh against their will, and their sons had
no reason to feel any liking for his successor Francis the
First.
The English from 1455 to 1461, and again in 1471, felt
that their chances of prosperity were being damaged by the
wars of the Two Roses waged by a few nobles and ,- Tm IS
soldiers for their own profit, and for no object in England,
which the large masses of the people took any interest. Hence
in 1485, when the men of war had killed one another off,
such a remnant of a parliament as could then be got together
was glad to recognise Henry the Seventh as king, though he
had no title by birth to the kingly office, and to allow him
to govern almost without parliamentary control. Henry
the Eighth derived a perfectly sound hereditary title from
his mother Elizabeth, daughter of Edward the Fourth, and
was therefore able to govern more autocratically than his
father : but even he, when he attempted to levy taxes with-
out leave of parliament was reminded of his error in 1525 by
a small rebellion in Suffolk,1 and thenceforth almost always
thought it prudent to get his decrees sanctioned by a
subservient assembly of estates.
In Castile a war was waged, as we have already observed,
between 1469 and 1474, to settle who should succeed the
reigning king.2 The combatants were on one ,^ Till IS,0
side a group of nobles who for their own ends Spain,
supported a claimant generally believed not to be of royal
birth : the "other side fought for Isabella, who in all
probability was the rightful heiress, and for her husband
Ferdinand, king of the Aragons 3 in his own right. Isabella
and Ferdinand were victorious : wife and husband acted in
concert, and Ferdinand employed the forces both of Castile
1 Hall's Chronicle, reprint of 1809, p. 699.
2 See p. 339.
3 Ferdinand's kingdoms were Aragon, Catalonia and Valencia. Catalonia
was the strongest of the three.
414 SWEDEN [chap, xxiii
and of the Aragons in the conquests of Granada and of
Naples: in order to make these conquests possible the
Spaniards acquiesced in an increase of kingly power. After
Isabella and Ferdinand were dead the royal authority in
their kingdoms of Castile, the Aragons, Sicily and Naples
passed to their grandson Charles of Habsburg, who was also
heir to the Netherlands and Austria. When Charles in
1519 came into all his inheritances he had a larger revenue
than any other king in Europe, and was in command of a
small standing army created by Cardinal Ximenes. Soon
after 1519 he resolved to use his kingdom of Naples as a
military basis for the conquest of the rich towns in
Lombardy and Tuscany. The prospect of plunder in Italy
was attractive to a great number of the Spanish nobles : and
when Charles in 1521 and 1522 quarrelled with the Cortes
both in Castile and in the three communities which
composed the kingdom of the Aragons, the nobles, after
joining for a time with the towns in resistance to the king,
changed sides. Charles was then enabled to suppress
nearly all the privileges of the Cortes, and to govern his
Spanish kingdom without being subject to any regular
control.
In Sweden between 1397 and 1530 the rulers were till
1435 foreign princes: after that time native Swedes bore
(i) Till 1530. authority with the title of regent or king or
Sweden. administrator. In 1520 Christian the Second,
king of Denmark, overpowered Sten Sture the younger, a
native administrator of Sweden, and treated the Swedes with
such cruelty that he was called the Nero of the North.
Gustavus Ericson, a young Swedish nobleman, afterwards
usually known as Gustavus Vasa, called his countrymen to
arms in the province of Dalarne or Dalecarlia, expelled
Christian of Denmark, and on being elected King of Sweden
in 1523 was invested with very ample powers, because a
chap, xxiil] NEW INTELLECTUAL FORCES 415
strong king was needed to protect the country from foreign
foes and from internal commotion.1
During the hundred years between 1430 and 1530, in
which the peoples in France, England, Spain and Sweden
learned by experience that they needed strong
kingly governments, new forces of an intellectual New
nature were arising to influence men's minds and inteUectuai
. forces.
characters. Scholars at first in Italy and then
elsewhere made a diligent study of those ancient Greek and
Latin authors whose works had been neglected for centuries,
and geographical discoveries gave new ideas of what lands
were in the world and what could be done in them : and
lastly men began to see that some of the actions of Popes
and their officers were not in accordance with the rules of
conduct which the clergy enjoined on other men, and to
inquire into the foundations of the Papal authority. In
consequence of their inquiries there arose first new religious
congregations, and then new churches which denied the
Papal supremacy, and in every body politic men had to
consider the question whether the members of the new
churches should be persecuted or deemed worthy of favour
and active support. From the difficulty of settling this
question, and from the different solutions of it arrived at
in different countries, arose conditions which profoundly in-
fluenced the character of bodies politic throughout the world.
We shall consider the effects produced by the new doctrines
in many lands : but first in the countries inhabited by peoples
descended from unions of tribes, namely the German
principalities, Sweden, Spain and England.
In the German principalities, in Sweden and in Spain the
rulers and their subjects were in accord. In Germany some
1 Geijer, History of the Swedes, well translated into English by
J. H. Turner, chapters 8-10. For a short narrative of the events see Dyer,
Modern Europe, 2. 506-515.
416 GERMAN PRINCIPALITIES, SWEDEN [chap, xxiii.
princes with their subjects were for the new doctrines,
some for the old. Wars arose between the principalities
(2) i«o-i«o wni°n adopted the new opinions and those which
German rejected them : each prince and his subjects
Sweden, 1CS' fought side by side, and the subjects in many
Spain. principalities for the sake of victory abandoned
their privilege of meeting in Landtage, and allowed their
princes to rule without control. In Sweden the laity cared
little for theology, and let their King Gustavus settle for them
that they should become members of one of the new churches.
In Spain men remembered that their forefathers since the
eighth century had won nearly all their glories in crusades
undertaken against the Moors on behalf of the Papal
Catholic doctrines : they would not be degenerate, but were
glad to give perfectly absolute power to their king Philip
the Second, who shared their views, so that he might be
unhindered in his work of exterminating the Pope's enemies
with tortures and executions. Thus in the German princi-
palities and in Spain the rise of the new doctrines directly
strengthened monarchical authority: in Sweden it found
the king's power strong and it left it unimpaired.
In Sweden the work of unifying all local parts of the realm,
which was done before 1589, held good* in perpetuity. After
the death of Gustavus in 1560, rivalries ensued
Unification till 1598 among three of his sons and one of his
of the grandsons. If during the thirty eight years of
rivalries among princes there had been also
rivalries among provinces they must have led to wars
between provinces. No such wars arose then or afterwards.
Hence it is clear that from 1560 or at any rate from 1598
the Swedes were a permanently united people in the sense
that no local part was willing to separate from the rest : in
the present chapter I shall have no occasion to speak of
them again.
chap, xxiii.] ENGLAND 417
In England Henry the Eighth was prevented from getting
a divorce and a chance of male issue because the Pope
retained jurisdiction over suits relating to /2* l530-i589.
marriages : and in 1534 with the approval of England,
a parliament he transferred all the power that the Pope had
in England into his own hands. As he had no quarrel with
the Papal theology he retained it unaltered. But in 1536
he dissolved part of the monasteries because the monks
persisted in regarding the Pope and not the king as their
master. He was met by the rebellion known as the
Pilgrimage of Grace and the formation of a small but
zealous party of adherents of the Pope : in his last years
and in the reign of Edward the Sixth an equally zealous
party was formed by the opponents of the Catholic doctrines,
who were now known as Protestants or as the Reformed.
The mass of the people were indifferent about doctrines and
merely desired a kingly government strong enough to choose
a scheme of doctrines for them, and to prevent the zealots on
the two sides from making a civil war. Under Edward the
Sixth the English generally called themselves Protestants :
under Mary they conformed to Papal ritual but hated
Mary's persecutions : under- Elizabeth, who herself cared
little about theology but was determined that England
should be kept free from foreign interference, they were
content, and made the queen even stronger than her father
Henry had been in order that she might restrain the
fanatics of both parties. Thus in England the rise of the
new doctrines led indirectly to a great increase of monarchic
authority. From 1558 to 1586 the queen and the mass
of the people were exposed to great perils, because they
asserted that England was independent of the Pope. They
had against them always Mary Stuart, and either a king of
France or the king of Spain, and it was seen in 1569 that
the northern counties desired to detach themselves from
2d
418 TUDOE [chap, xxiii.
the rest of the country in order to be under a Catholic
sovereign. But, when Mary Stuart had been executed and
the Armada sailed for the conquest of England, even the
zealous adherents of Catholic doctrines were ready to fight
for their countrymen and not for their creed. Thus it was
seen in 1588 that no part of the English people would
consent to separate itself from the rest and live under a
government of its own : in other words all Englishmen then
living had formed themselves into a united body politic, or,
what is the same thing, a single political community.
They transmitted to their descendants a determination to
live under one common government, and from 1588 the
English were one people.
The strong monarchic power of the Tudors was not the
cause of unity in England : it was itself only brought into
strong existence in 1485 because the great mass of the
monarchy in people was already united and desired that all
the cause of should be united. In 1455, when the War of the
unity but a Two Roses broke out, no one desired strife except
symptom of
approximate some of the great nobles and a quantity of soldiers
qnity# who had served under them in France but were
now out of employ. The proof that the sole source of
disunion lay in the soldiers and their captains is seen in the
fact that, when the fighting men had destroyed one another,
Henry the Seventh and his successors never needed a
standing army. All Englishmen were grateful to the king
for protecting them against a resurrection of turbulent
nobles, and their gratitude ensured his safety. After the
irregular execution of Buckingham in 1521 Henry the Eighth
could trust all his subjects not to turn against him: his
successors could trust all but those few who were inflamed
by religious zeal. The reciprocal trust between sovereign
and subjects produced important results. In place of the
old disorderly barons arose new classes of nobles and gentry
chap, xxiii.] DYNASTY 419
devoted to the kings and fit to be employed by them in
public duties. Henry the Eighth set the squires to manage
the local business of country districts as Justices of the
Peace : x Mary appointed nobles to be Lords Lieutenant
of shires and to lead their armed forces : under Elizabeth
local business was wholesomely managed by nobles and
gentlemen who lived on their estates and knew the country
folk around them. The gentlemen of the country side were
devoted to the interests of the queen and the country, but
produced such men as Peter and Paul Wentworth who
between 1575 and 1588 dared to remonstrate in parliament
against the queen's interference with freedom of debate.2
When the Armada threatened England, Elizabeth had no
fighting men except untrained farmers and peasants, and no
commanders except the Lords Lieutenant of the shires.
From the peoples derived from compulsory unions of
tribes we turn to the peoples or rather groups of peoples in
France and in the Netherlands, both of them
descended either wholly or in part from com- France and
pulsory unions of fiefs, which fiefs had them- the Netner-
r . lands.
selves been peopled mainly by men whose
ancestors had been subjects of the Roman Caesars and had
been governed under the rigid Roman system of administra-
tion. As the inhabitants of France and of the Netherlands
were rather groups of peoples than anything approaching to
the character of single peoples, the effect of the strife about
doctrines and the government of churches was more violent
in them than in the comparatively united peoples derived
from unions of tribes. We take the Netherlanders first
because the conflict of the old doctrines and the new
produced its full effect sooner among them than among
the French.
1 Gneist, Hist. Eng. Const., 2. 135.
2 Hallam, Const. Hist., 1. 191, 251, 255-261,
420 THE NETHEELANDS [chap, xxiii.
In the Netherlands there were as we have seen a southern
group of peoples and a northern group.1 The earliest known
_ ancestors of the southerners had been till the
(2) IS3OIS89.
The Nether- fifth century subjects of the Roman Caesars :
lan sto i577- those of later generations from the ninth century
to the end of the fourteenth had been ruled by a number of
independent fiefholders. The northerners were descended
from unions of tribes, subsequently ruled from the eleventh
century to the fifteenth by counts of Holland and of
Gelderland. In the Netherlands generally, and especially
in the southern Netherlands, the towns were more important
than the country, and each of the great commercial towns
was quite capable on occasion of adopting a policy of its
own. Charles of Habsburg who ruled the Netherlands
from 1519 to 1555 disliked the new doctrines, and in
the thirty six years of his reign put to death many
thousands of his Netherland subjects solely on account of
their belief in them : 2 his son Philip set up such a furious
persecution of the heretics as has no parallel in European
history. In 1572 the northern Netherlanders (the Dutch)
took William the Silent, who since 1559 had been called
Stadholder or Viceroy for Philip of the Dutch provinces
of Holland and Zealand, as their leader and commander
and began a war against Philip: in 1576 the northerners
and the southerners joined together in a Pacification at
Ghent for the purpose of getting rid of Philip's armies from
all the Netherlands, and they were so successful that in
1577 those of the king's troops who were actually Spaniards
went away home.3
But the communities in the Netherlands, since some were
1 See p. 350.
2 Dyer, Modern Europe, 2. 223, n. 7. The passage from Ranke Hist, of the
Popes there referred to gives the chief contemporary evidence. In Bohn's
edition of Ranke Hist, of the Popes the passage is quoted in 1. 405 n.
3 Motley, Dutch Republic, Part v. ch. 1. end.
chap, xxiii.] FKANCE 421
urban, some rural, some mainly or entirely Protestant,
some mainly or entirely Catholic, could not form a single
body politic. From 1579 for some years to Northern
come they grouped themselves in combinations Netherlands
• i •!• i i i t-» i -t ^>/n« i and southern
which did not last long. But by 1609 they Netherlands,
were permanently arranged in two political I577-i°25-
organisations. The southerners, having satisfied themselves
that the Spaniards were not strong enough to do them much
hurt, consented to remain as dependents of the Spanish
king : the Dutchmen of Holland, Zealand, and Utrecht in
1579 at the Union of Utrecht formed themselves into a
league or confederation, which before 1625 was joined by
all the seven Dutch provinces. The union of the seven
provinces, which by 1625 was certainly more than a league
and must be called a confederation, will receive a further
brief notice in my chapter on voluntary unions of equal
communities.
In France the many peoples living side by side had never
come near to being all united, and since the thirteenth
century had had no kings except Charles the (2) 1530-1589.
Fifth (1364-1380) and Louis the Twelfth (1498- France-
1515) whose memories they could regard with affection.
Hence, when the new doctrines came among them, nearly
all Frenchmen became violent partisans either of the new
doctrines or of the old, and there was no large party, as
there was in England, that stood simply for the king and
for peace. Between 1562 and 1589 eight furious wars were
waged by Frenchmen against Frenchmen : in 1572 many
thousands of the Huguenots, adherents of the new doctrines,
were ruthlessly massacred on St. Bartholomew's Day by the
Catholics led by Henri de Guise: in 1588 Guise was
murdered in the king's palace at Blois by order of the
king Henry the Third: in 1589 the king was himself
stabbed to death by a young Dominican monk, bent on
422 BALANCE [chap, xxiii.
taking vengeance for the murder of Guise. At the end
of the year 1589 Henry the Fourth was indeed recognised
by the Huguenots, in whose faith he had been brought up,
as their king, but he had no chance of bringing all the
French under his government except by continuing the
civil war until he could induce the Catholics to accept
him as their ruler.
In order that we may form an idea of the unifications
that had been effected by 1589 in the larger peoples
, descended from unions of tribes or of fiefs, it
Summary of
unifications is worth while to take a view of those peoples
to1589' as they then stood. The English and the
Swedes were permanently unified peoples. In the Nether-
lands two groups of peoples had been formed, each of
which was certain in future generations to become more
united. The Spaniards for the time being acted together
enthusiastically under their despotic king in the work
of extirpating the heretics at home and in fighting against
them abroad: but there were plenty of disagreements
and dislikes on matters not connected with theology
between the Castilians and the Aragonese. The French
alone remained violently and, as it seemed, hopelessly
disunited.
Not only had progress towards unity been made in the
larger countries except France, but the governments in
pr fth some °f those countries had adopted new aims
Balance of of policy towards the preservation of their inde-
pendence. The governments of France and of
England saw that the king of Spain was stronger than
either of them, and each of them knew that if he were
allowed to crush either of them the other would be crushed
in its turn. Hence, if either of them chanced to be in
danger from Spain, the other, for motives of self-preserva-
tion, agreed to give it help, and each of them consciously
chap, xxiil] OF POWEK 423
aimed at maintaining a Balance of Power among the
European governments. It is highly significant of the
attention paid in England and in France to the maintenance
of equilibrium, that in both countries the word state was
used before 1589 to denote a body politic having a govern-
ment of its own and rights which it intended to vindicate
and in whose vindication it could expect the aid of some
external power.1
Since in the present chapter I am concerned only with
unifications of peoples and with the strong kingly govern-
ments that were needed during the period of the
unifications, I have nothing further to say in it The peoples
about the English, the Swedes, and the southern to be
° 111 considered.
Netherlands : all these peoples had been already
fairly well unified before the end of the sixteenth century.
The peoples whose fortunes I have to trace from 1589 to
1814 are firstly the French, secondly the Spaniards, thirdly
the Prussians and a number of other peoples that were
between 1589 and 1793 brought by compulsion under
their government, and lastly all the smaller peoples that
derived their origin long ago from compulsory junctions of
tribes or of fiefs.
In France during the long wars of religion from 1562
to 1596 armies, battalions and regiments obeyed their
commanders, and the commanders obeyed no France,
one. Henry the Fourth in order to become IS96-i624.
king of all the French found it necessary to purchase the
support of the generals on both sides : and in 1596, when
the wars ended, the men who had been commanders were
in possession of money, lands, offices, provincial govern-
ments, and titles, which they could hand on to their
posterity. Thus was founded a new noblesse, very
1 Symonds D'Ewes, Reports, pages 162, 193, 237 in edition of 1682, 1689 :
Montaigne, Essays, Bk. 1, Essay 54; Bk. 3, Essay 9.
424 FRANCE [chap, xxiii.
dangerous to the central government in a country whose
inhabitants were not one people but many peoples. As
long as Henry lived he contrived to keep the nobles and all
other classes under his control; but after he had been
murdered in 1610 his widow and his son were for fourteen
years almost powerless. The French kings in their efforts
to govern their many peoples had for centuries thought it
prudent to grant privileges and favours to those classes
which could help them and might be dangerous. After the
death of Henry the Fourth the classes that enjoyed privi-
leges were the nobles, the prelates, and the judges in the
parlements which had now been established in thirteen
towns. All these classes were exempt from direct taxation :
the judges bought their offices from judges willing to sell,
made large incomes from presents made to them by suitors,
which they honestly put in a pool and divided without
regard to the votes they had given about the verdict, and
paid about a sixth part of their takings as a quit rent to the
king for the enjoyment of their places.1 Le Parlement de
Paris had a special privilege: no new law was reckoned
valid in any parlement till it had been registered in le
Parlement de Paris. The effete and useless states general
held one meeting four years after the death of Henry the
Fourth : after that it disappeared unlamented for a century
and three quarters, and no public body except the judges in
the parlement had any power to hinder the enactment of
any law by the king. The nobles, the prelates, and the
judges in the parlements were privileged orders. Such
orders grow up almost of necessity when a single govern-
ment, indigenous in a country, tries to rule many peoples
that care little for one another, and have no affection for the
government, and give it no help. The government must
1 Gasquet, Precis des Institutions Francaises, 1. 268-282, gives some
information about the incomes of judges.
chap, xxiil] PKIVILEGED ORDERS 425
grant privileges to attract to itself all men who if they were
active in their own localities might endanger its existence.
If the privileged orders are faithful to the government, as
the civil servants were to the Caesars, they are its best prop :
if they try to domineer over it, as the bureaucracy has done
sometimes in Russia, they are its formidable foes.
In 1624 Richelieu entered the council of Louis the
Thirteenth and soon gained a dominant influence which
enabled him to direct the king's policy. The Richeiieu
obstacles to the unification and welfare of the and Mazarin,
French were firstly at home a rebellion of
Huguenots in the west and the power of the new nobles
and princes in their provinces, and secondly abroad
the ambitions of the Habsburg sovereigns of Spain
and Austria. Richelieu began with obviously necessary
measures: he overpowered the Huguenot rebels at La
Rochelle, and repeatedly intervened forcibly in the
Valtelline through which the river Adda flows down from
two important passes over the Alps to the lake of Como, and
in the neighbouring duchy of Mantua, because he desired to
prevent the Spanish Habsburg from getting a route by
land for sending forces to help his kinsman in Austria.
After this was done the remaining foes to the welfare of the
French were the nobles and princes in France, and the
two branches of the Habsburgs, now unable to communicate
with one another by land. Considerations derived from the
subsequent histories of France and of Europe lead me to
think that the nobles and the princes at home were more
dangerous to the French than the Habsburgs abroad, and
that Richelieu would have done the best thing for France,
if he had not meddled with the Habsburgs in arms any-
where except in the Valtelline and in Mantua, but had
taken the lead of the humbler classes of Frenchmen, and
had by force compelled the privileged orders to pay direct
426 RICHELIEU [chap, xxiii.
taxes in proportion to their wealth : if this had been done,
it seems likely that the French would have quickly become
extremely strong as a united people, and could easily have
defended themselves against the Habsburgs. Richelieu
could not see all that was coming, and he decided to fight
the Habsburgs in Germany. He made the French gener-
ally and the nobles in particular believe that they had more
to gain by fighting in a foreign land than by quarrelling at
home. He tempted many great nobles to desert their
provisional governments and live about the king's court.
He set men of humble origin who owed everything to his
favour and were entirely dependent on him to govern a few
of the provinces with the new title of Intendans, and he
deprived le Parlement de Paris of all power to interfere in
matters of policy. While he lived he kept order : but the
government of his successor Mazarin was rendered impotent
from 1648 to 1652 by rebellions incited by two of the privi-
leged orders : the judges of le Parlement de Paris aroused
the first insurrection, princes and nobles made the second.
The rebellions came to an end in 1652 because the two
privileged orders could not agree together, and Mazarin was
restored to power.
In 1661, on the death of Mazarin, Louis the Fourteenth,
twenty two years of age, took personal control of the
Louis the government ) in the next thirty years he carried
Fourteenth, ^q plans of Richelieu to completion. In con-
sequence of the military successes won by Richelieu and of
the advantageous terms obtained by Mazarin at the treaties
of Westphalia in 1648 and of the Pyrenees in 1659, Louis
was already in 1661 the most powerful man in Europe and
was furnished with pretexts for robbing his neighbours : he
used his opportunities skilfully, and in 1678 after the treaty
of Nymwegen no state in Europe except France was sure of
its independence. But in spite of his glories he was afraid
chap, xxiil] LOUIS XIV. 427
of what the nobles and the princes might do if they lived
in the provinces. He tempted them with prospects of
splendours and pensions to desert their homes in the
country and to attend on him as courtiers. Every duke or
prince who was assiduous at court was sure to get an
eleemosynary income from the king to supplement the
wealth that he drew from his estates. The emoluments
granted to the nobles and princes were sometimes simply
yearly sums of money, sometimes they were titular
governorships of towns or provinces : but the governorships
were given on the understanding that the recipient was not
to go near to the place of which he was nominal governor, and
was to draw from it nothing but an income. There was one
instance, possibly more than one, of a duke who actually
ruled a province because one of his ancestors had ruled it
well with great advantage to one of the former kings of
France. This instance occurred in Dauphine: le Due de
Lesdiguieres, in perfect loyalty to Louis the Fourteenth,
ruled the province admirably and won the affection of the
people under his care. By so doing he was marked for the
king's displeasure : when he died in 1681, Louis forbade the
queen to pay his widow such a visit of condolence as she
had hitherto paid to all duchesses who lost their husbands.1
In every province Louis appointed an Intendant, he
excluded le parlement entirely from political influence, and
himself controlled every department of the government
with the advice of his council of four ministers and two
secretaries.
Louis spent money and men's lives in greater profusion
than any man since the Cresars. Men were used up in his
foreign wars, money partly in wars, partly in pensions to
princes and dukes: the men were furnished by the poor
peasantry, the money partly by the peasantry, partly by the
1 Saint-Simon, Mem., ed. Boislisle, 12. 6.
428 MISERY IN FRANCE [chap, xxiil
townsfolk. The wars and the conquests to which they led
taught the European powers that they must form alliances
to restore a Balance of Power. In 1673, 1689
condition of an(l 1 701 coalitions were formed to resist Louis :
the French, the coalition of 1701, begun by William the
1706-1789. . ' ° J
Third of the Netherlands and England, and
conducted by Marlborough and Eugene, attained its object.
In 1706 Louis lost the command of the southern Nether-
lands and of the valley of the Po, the two most important
strategic areas in western Europe: the French peasantry
had already given the king all their strong men to die in
his wars, and those who survived were too near starvation
to pay more taxes. From 1706 for eighty years each
generation of Frenchmen was weaker and more miserable
than the one before it, but the kings of France after Louis
the Fourteenth still engaged in needless wars and still
taxed the starving poor to find pensions for the rich. In
1770 the treasury was empty and the king repudiated part
of his debts. At length, after a few years income had been
wasted between 1779 and 1782 in helping the American
colonies of England to become independent, it became clear
to every one that, unless the privileged orders were taxed,
France could no longer maintain a government.
Early in 1789 the king summoned a meeting of the states
general, and in so doing tacitly declared himself an ally of
hr I frill in nf ^e b°uroe°isie and the peasantry, who owned
the king only about a third part of the land in France but
cause of the Pa*^ ^e wn°le °f tne direct taxes. On May 4
oppressed the states general met: on June 20 the king
classes
broke his alliance with the bourgeoisie and the
peasants by excluding the deputies from the hall in which
they sat. Thenceforth the king and the privileged orders
were in alliance against the bourgeoisie and the peasantry
and the states general.
chap, xxtii.] DISRUPTION OF FRANCE 429
The bourgeoisie and the peasantry, who together made
up the mass of the population, had hoped that the king
and the states general would act together in
The states
diminishing the monstrous privileges of the general and
orders and in setting up a strong government, theconstitu-
When the king refused to join in these tasks
the states general attempted to perform them alone. They
succeeded in destroying the privileges and in reducing by
confiscations the lands held by the extremely rich from two
thirds to one third of the whole cultivated area in France ;
but they could not make a strong government. In the
autumn of 1791 they took the name of Constituent
Assembly and formulated a constitution, which though
not very important in French history must be noticed
because it afterwards served as a model or an ideal for
reformers in Spain and in Italy. Its defects were these. It
began with the famous declaration of the Rights of Man,
subversive of any government: it forbade the executive
ministers to sit in the legislative assembly : and it provided
no second chamber of legislature. Further than this the
Constituent Assembly passed a self denying ordinance, for-
bidding its own members to seek election to the new legis-
lative body, thus depriving that body of the services of the
only men in France who had any experience in public
deliberation.
The constitution of 1791 was broken to pieces by the
party of the Girondins, led by some fluent orators without
experience or statesmanship from the Gironde Disruption of
near Bordeaux, who for the purpose of destroy- France, 1793-
ing such small authority as was still retained by the king
and his executive ministers provoked the rulers of Prussia
and Austria to invade France as allies of the king. On
August 10, 1792, the mob of Paris, terrified at the invasion,
sacked the king's palace of the Tuileries and took the king
430 DEMAGOGUES [chap, xxiii.
prisoner. Thenceforth a few bullies who controlled the
mob could dominate any deliberative assembly. A new
assembly called the National Convention was elected in
September 1792 for the purpose of making a new constitu-
tion : under pressure from the mob it killed the king and
queen : on June 3, 1793, it was invaded by the populace and
lost all semblance of independence. From that date France
was for a time without a common government : the towns
all over the country, having never been genuinely united
with one another, acted independently like separate simple
city states, but were far more disorderly than city states
usually are, because they contained no class that was in the
habit of governing. Paris had such a precedence over the
other towns that it controlled the foreign policy and the
armies of all the French : but both in Paris and in the other
cities the inhabitants were free from any need to act
unitedly as soldiers against the enemies beyond the borders
of France, because they had armies levied mainly from the
peasantry to do the fighting for them.
In simple city states that have been long established the
classes are organised, each class knows its own interests, and
some one class rules over all other classes. In
1794. Dem- Paris classes were not organised and could
agoguesand scarcely be said to exist. But after August
massacres. * r -i i 1 1
1792 crafty demagogues pretended that the
poor of Paris were the rulers of the city and of France and
ought to be the rulers of the world : in truth the leading
demagogues themselves kept a band of ruffians to intimidate
the poor and the rich, the orators and their audiences : the
lesser demagogues occupied the benches of the Convention,
of the Committee of Public Safety, of the Criminal Tribunal,
and there voted as their leaders bade them. Thus the
leading demagogues could and did order massacres on a
huge scale under the name of judicial executions. The
chap, xxiii.] NEW FRENCH ARMY 431
leaders were at one time Danton, Marat, and Robespierre, at
another Danton alone, and lastly Robespierre alone. But
in the summer of 1794 the lesser demagogues generally
were convinced that Robespierre, if he remained in power,
would certainly send a large number of them to the
guillotine: they combined against him and on July 28
secured his execution. During the year after his overthrow
there was felt both in Paris and in other French towns a
general loathing for the methods of the demagogues and a
desire for a free election of an assembly really representa-
tive of all France. It was thought that in a free election
men of substance would have some influence, and a freely
elected assembly might even set up a king and allow the
noblesse to recover some of their confiscated estates.
Since the spring of 1793 the French were at war with
many European powers, among whom Austria, England and
Prussia were the most active. In August of that „ .c „
° Unification
year one of the demagogues at Paris proposed a of France,
levee en masse, or arming of the whole male l I3_I I4-
population of France : but Danton perceived that a demand
of service only from men under twenty-five years of age
would make a much better army, and he convinced the
Convention that he was right : the measure that he recom-
mended added nearly half a million to the French armies.1
By the summer of 1795, when the question of a free election
was being debated, the armies had learned discipline and
seen service, and each of them was a far more united body
than any mass of civilians of equal size in France. On the
subject of a free election all the armies were of one mind.
The soldiers were drawn from the peasantry or the poor,
and their families had profited by the abolition of privileges
and the confiscations of lands : their generals were of humble
origin and agreed with the men. In Paris the Convention,
1 Cambridije Modern History, 9. 348.
432 UNIFICATION OF FRANCE [chap, xxtti.
though it now included many men who had opposed the
most violent demagogues, was resolute against a free
election which might bring persecution of its members : the
bourgeoisie on the other hand nearly all desired that an
election might be held freely, and on 13 Venderaiaire
(Oct. 4) 1795 they made a revolt against the Convention
in which thirty thousand National Guards took part. The
Convention called in regular troops under Barras who was
aided by young Napoleon Buonaparte : the revolt was
quelled, and it was settled that there should be no free
election held all at once. But a new constitution was made
which established five Directors as executive governors, and
two legislative chambers, of which two thirds were to be in
the first instance men who had sat in the Convention, and
one third was in future to be freely elected every year : in
the next four years regular troops were twice called in by
the Directors to purge the chambers. After 1804 there was
only one French army, a perfectly united body. In the
later years of Napoleon the army contained all the men in
France capable of service : in 1813 and 1814 the army that
fought in self defence against all the powers of Europe was
scarcely distinguishable from the French people, and the
whole population of France was for the first time a united
body politic, or a single political community.
In Spain the Castilians submitted readily throughout the
seventeenth century to their Habsburg kings : the Catalans
(3) 1589-1814. and the Biscayans regarded themselves as separate
Spam. peoples alien from the Castilians, and were so
regarded by the kings and ministers who ruled as Castilians
at Madrid. In 1639, when the Catalans had already done
much more than they cared to do in fighting on behalf of
the Castilians against the French, Olivarez, the Castilian
minister, tried by very cruel oppression and violence to
compel them to make still greater efforts in the war: in
chap, xxiii.] SPAIN 433
1640 they revolted from the Castilians, acted as an inde-
pendent state, and made an alliance with the French, against
whom the Castilians were trying to contend : it was not till
1652 that they were compelled by force to submit to the
Castilians, and were deprived of all their distinctive and
ancient privileges.1 In 1700 on the death of Carlos the
Second the last heir in a direct male line of the Habsburg
kings of Spain, it became doubtful whether the next
successor ought to be a French prince or an Austrian : the
Castilians accepted the French claimant, the Catalans, the
Valencians, and the Aragonese from 1705 supported the
Austrian, and till 1713 the Castilians fought on one side,
and three other peoples in Spain on the other. Long after-
wards between 1808 and 1814 during the war of independ-
ence against Napoleon and his brother Joseph it was seen
that even the Castilians were not one people but many
peoples : the many towns in Castile set up Juntas of their
own, and the Juntas could not combine and act harmoni-
ously. The reason of the inability of the many peoples in
Spain to combine must no doubt be sought in the physical
features of the peninsula. Unbroken mountain ranges
divide Castile from Biscay and from Valencia, Catalonia,
and Aragon: Castile itself is divided by lofty ridges into
six natural divisions, whose inhabitants till long after 1814
had only very bad opportunities of becoming acquainted
and forming relations of reciprocal friendliness.
In the tenth century the Germans under their kings
Henry the First and Otto the Great began making their
first conquests from the Slavs to the east of the river
Elbe and planting settlers to try to hold the half conquered
districts. Each piece of territory that was entrusted to a
1 Dyer, Modern Europe, 2. 602, foil. For the date of the suppression of
the Catalan revolt my authority is the Oxford Chronological Tables,
published 1835.
2 E
434 BRANDENBURG [chap, xxiii.
band of settlers and their chief was called a mark or
frontier province : before the end of the tenth century four
(3) 1589-1814. marks had been established reaching from the
Prussia: northern border of Bohemia to the Baltic Sea.1
Brandenburg Men living in frontier provinces during the
to 1589. Middle Ages were usually exceptionally vigorous,
because they had to fight in self defence : one of the marks
to the east of the Elbe which had its two centres at Havelberg
and Bredanburch or Brandenburg on the river Spree grew to
such importance that by the fourteenth century its mark-
graf was one of the seven electors of the men called Kaisers
who served as figureheads of the Germans. In 1415 the
mark of Brandenburg, whose old line of princes had died
out, was given to Friedrich von Hohenzollern, Burggraf of
Nurnberg. During the fifteenth century princes of the
house of Hohenzollern reigned in Brandenburg in conjunc-
tion with a Landtag : by 1589 one of their descendants was
ruling the Brandenburgers with uncontrolled authority.
In 1589 the mark of Brandenburg measured about two
hundred miles from west to east, about one hundred from
north to south. Between 1589 and 1795 the
Branden-
burg- princes of Brandenburg made large acquisitions
acquisitions °* territory witn reckless haste. One of them in
of territory, 1614 gained the small principalities of Cleve and
Mark far to the west near the Netherlands : in
1618 he took over Prussia, as large as his mark of Branden-
burg, far away to the east on the coast of the Baltic Sea.
The Great Elector Frederick William, who reigned from
1640 till 1688, obtained the large district of eastern
Pomerania, and the smaller archbishopric of Magdeburg.
In 1701 the Elector Markgraf Frederick the Third, to signify
his exalted position, called himself King of Prussia : a few
years later his new title was recognised by the Kaiser, and
1 Droysen, Handatlas, Map 22, 23, and Erlaiiternder Text, p. 28.
chap, xxiil] KINGDOM OF PEUSSIA 435
thenceforth the Brandenburgers have been misnamed
Prussians. Frederick the Great in 1742 took Silesia by
conquest from Austria, and in 1772 at the first partition of
Poland got as his share the northern part of the Polish
dominions except the town of Dantzic, and so filled up the
gap that had divided eastern Pomerania from Prussia.
Finally in 1793 and 1795 Frederick William the Second at
the second and third partitions of Poland acquired the town
of Dantzic and two great districts, each of them larger than
the part of Poland that had been annexed by Frederick the
Great. In 1795 the King of Prussia owned territory that
covered fully eight times the area of the mark of Branden-
burg which had been the whole principality of his ancestor
at the end of the sixteenth century.
The many peoples subject to the King of Prussia were
dissimilar in race, history, interests, and desires, and there
was not among them any one people large
, , . i x , Formation of
enough to dominate the rest. It was then lm- a Prussian
possible that they could have a good or a strong Pe°Ple» l8°7-
government. Frederick William the Second
ruled as a despot, but his government was stupid and
ineffectual, and in its dealings with the Poles and the
Austrians from 1790 to 1793 extremely dishonest : Frederick
William the Third who succeeded his father in 1797 could
not make any improvement. When Napoleon attacked the
Prussian dominions in 1806 they tumbled apart like a house
of cards. Napoleon in 1806-7 took from the King of Prussia
all his subject peoples to the west of the Elbe, and two
thirds of his dependencies in Poland: the peoples that
remained to the king were only the Brandenburgers, the
Silesians, the Pomeranians, the northern Poles, and the
Prussians. Even these peoples that were left to the king
were grievously humiliated till 1812 by Napoleon; but they
made heroic efforts to regain their strength, and by 1814 it
436 DENMAEK [chap, xxiii.
may be said without much exaggeration that they were
consolidated into a single people.
The lesser principalities in Germany were ruled from
]589 till 1800 by native despots, whom the inhabitants
for their own protection Avere willing to obey, and
peoples, 1589- in each of them there existed during that period
only one united people, or what is the same
thing a series of united communities in the generations as
they followed one another. But in Denmark in the middle
of the seventeenth century there was no strong government,
and in Savoy-Piemont at the same time the inhabitants
were divided into at least three distinct local communities.
In Denmark during the Thirty Years War the nobles
elected kings and formed the sole powerful and rich class.
- . They occupied even the crown lands, and in
Denmark J L
and Savoy- return undertook to keep the fortresses in repair
Piemont. an(j tQ provj^e them with garrisons : but they
left them ruinous and empty and would not let the king
have an army lest he might employ it to curtail their
privileges. In consequence of their selfish behaviour
Denmark was easily overrun by Swedish armies in 1644
under Torstenson and in 1657-8 under the Swedish King
Charles the Tenth. In 1660 Frederick the Third King
of Denmark summoned a representative assembly of nobles,
clergy and townsmen : the townsmen and the clergy were
indignant at the gross misconduct of the nobles, and insisted
that henceforth their kings should reign by hereditary right
and their power should be unlimited.1 In Savoy-Piemont
the Savoyards on the north and west side of the Alps were
one people, and the Piemontese on the south and east of
the mountains were another: beside that the Piemontese
were Catholics on the lower grounds and Protestants, called
Vaudois, in upland valleys. In 1654 the Duke of Savoy-
1 Dyer, Modern Europe, 2. 618-620, and 3. 118-1-20.
chap, xxiii.] SAVOY-PIEMONT 437
Piemont at the instigation of the French minister Mazarin
and with the aid of his troops persecuted the Vaudois with
cruelties which drew from Milton his noble sonnet. Oliver
Cromwell told Mazarin that the persecution must cease,
and as Mazarin needed an alliance with him, he did not
speak in vain.1 The Duke of Savoy-Piemont adopted a
policy of toleration and his example was followed by his
successors. From 1703 to 1706 when very nearly the whole
of Savoy and Piemont were occupied by the armies of
the French King Louis the Fourteenth, the reigning Duke
Victor Amedeo the Second was saved from destruction by
the zealous and voluntary exertions, not only of all his
own subjects, but also of the Protestants who lived outside
his duchy in Geneva and its neighbourhood.2 After that
there were no more local dissensions in the duchy of Savoy-
Piemont, which from 1720 lost its proper name and was
only a part, but the chief part, of the kingdom of
Sardinia.
During the eighteenth century every one of the lesser
kingdoms and principalities contained only one people. Till
1793 all of them, except three or four which compulsory
were annexed to Prussia, continued to be ruled junctions of
, . , . . small
as separate states by native despots, though principalities,
some of them were of very minute proportions : I793-i8i4.
for example the hereditary dominion of Freiherr vom und
zum Stein was no bigger than an ordinary estate of a
country gentleman.3 But from 1794 when the French
Republic made its first foreign conquest till 1814 there
was no room in continental Europe for small independent
1 Dyer, Modern Europe, 3. 23, 24.
2 See Me"moires militaires surla Guerre de la Succession d' Espagne, collected
by General de Vault in the generation before 1789, edited by General Pelet,
and published 1835 in Doc. Inidits. The evidence about the Protestants is
clearest in 1703.
3 Seeley, Life and Times of Stein, chapter 1.
438 GERMAN PRINCIPALITIES [chap, xxiii.
states. The French annexed first the southern Netherlands,
and then in 1797 and 1801 at the Treaties of Campo Formio
and Luneville all the German principalities to the west
of the Rhine. In 1803 compensation was to be found for
the princes who had lost territories under the terms of the
treaties of Campo Formio and Luneville: the business of
finding it was entrusted by the German Diet, which was
now only a collection of ambassadors of the German states
sitting at Regensburg, to a committee consisting of eight of
its members. The committee was twisted by Buonaparte
at his pleasure, and, when it issued its famous Reichs-
deputationshauptschluss, or Principal Decision of the
Committee of the Empire, men saw that all the ecclesi-
astical states in Germany and all the lesser secular states
had been made up into parcels and given to the dispossessed
princes or to other princes whom Buonaparte regarded as
his friends. In 1806 the German states to the west of the
Elbe were joined in a Confederation of the Rhine, of which
Napoleon was master : in the later years of Napoleon they
were capriciously joined in new groupings to form kingdoms
for princes who served the French emperor as his vassals.
Italy was . treated in like manner with Germany : in
particular Savoy-Piemont in 1801 was completely merged
in France and governed directly from Paris. Denmark and
Sweden alone remained under kings not nominated by
Napoleon: Denmark from 1807 was in alliance with
Napoleon: Sweden being accessible by sea but not by
land found it prudent in 1812 to act with his opponents.
In the present chapter I have described successions of
bodies politic descended from compulsory junctions of
tribes or of fiefs, taking as the starting point of my view in
most cases about the middle of the fifteenth century and
following the successions of bodies politic in each case till
the time, not by any means the same in the various
chap, xxiil] GENERAL COMMENTS 439
countries, when a united community was generated. In
commenting on these successions of bodies politic I must
make a distinction between those descended ,,„„„„,„.
Lrenet al view
from junctions of tribes and French bodies of bodies
politic which were descended from junctions of derived from
fiefs. Even the earliest of the bodies politic junctions of
descended from junctions of tribes which are fiefs, 1450-
mentioned in this chapter, though they were l8l4#
composite, yet had as the component parts of each firstly a
large united community which only longed to be at peace at
home and abroad, and secondly two or three small col-
lections of turbulent men which, when put together, were
not nearly equal in magnitude to the united community.
In France on the other hand all bodies politic till 1595
and some as late as 1650 were composed of small local
communities which, so far as the civilian inhabitants were
concerned, had no particular liking for living under the
government of the French king and paying him taxes
beyond their capacity: the only element that held these
French bodies politic together was the fighting men, who
desired that they might be led to get plunder in foreign
lands, and that heavy taxes might be laid on the civilian
population for their pay and their maintenance. These
facts explain the different courses of conduct adopted in
bodies politic descended from junctions of tribes and in
the French bodies politic descended from junctions of
fiefs. In the bodies politic derived from tribes joined
together the one community that desired peace gladly set
up and supported a despotic ruler whose business it was
to curb the small turbulent groups of men: in French
bodies politic there was no large community that could take
any common action, and the kings had power only so long
as their fighting men were moderately content with foreign
plunder and all acted unanimously : whenever the fighting
440
TABULAR
[chap, xxiii.
men were discontented and broke up into hostile armies,
the king was powerless, and anarchy supervened. The
principal bodies politic descended from junctions of tribes
or of fiefs that existed in each country from about 1450 till
such time as in each country one of them generated a
single united community can be set forth in a tabular
form.
BODIES POLITIC DESCENDED FROM COMPULSORY
JUNCTIONS OF TRIBES OR OF FIEFS, 1450-1814
Bodies Politic. Governments.
1. Descended from junctions of
tribes.
In England, Sweden, Spain and
similar countries.
Bodies politic, composite indeed, Despotic governments, strongly
but having much more than supported by large corn-
half their population united munities. In some countries
in a single community desirous also weak parliaments,
of quietude.
[This description is correct for
England and Sweden only till
1589 : for the other countries
till 1814.]
2. Descended from junctions of
fiefs in France.
(a) Till 1595 and at some times Sometimes despotic rulers
till 1650. Composite and supported by an army only :
disunited bodies politic, held sometimes wars between
together, if at all, only by an armies and no effective
army of greedy soldiers. government.
CHAP. XXIII.]
VIEW
441
BODIES POLITIC DESCENDED FROM COMPULSORY JUNCTIONS
OF tribes or of fiefs, 1450-1814. — Continued.
Bodies Politic.
(b) From 1661 till 1789 a
succession of composite bodies
politic held together only by
armed force and by bribery
of privileged orders.
Governments.
King, seemingly strong, really
weak, and privileged orders.
(c) From 1792 to 1795.
Disruption of France. Tyrannous demagogues in Paris,
sometimes three, sometimes
only one, ruling nearly all
France.
(d) From 1795 to 1814.
Body politic gradually becoming A strong military despot,
a single community by being
all converted into an army.
CHAPTER XXIV
UNITARY NATIONS: PARLIAMENTARY GOVERNMENTS
In Sweden and in England, as we have already seen,1 earlier
than in any other large countries, the populations attained
Unitary to unity : in each of the two countries at different
nations. times in the sixteenth century the inhabitants
formed themselves into a united community and their
descendants lived together as a united people. After the
Swedes and the English had coalesced into single and united
peoples, other united peoples were established on the
continent. Till 1793 nearly all the united peoples on the
continent, though they were small, had governments of
native growth and enjoyed a precarious independence.
Between 1794 and 1814 the greater part of these lesser peoples
lost their native governments and their independence,
and even after 1814 some remained subject to foreign rulers.
About the middle of the nineteenth century the independent
peoples under native governments were seen to be entirely
different from the dependent peoples, and a distinctive name
for them was needed. In order to give them a name, the
word nation, which in the eighteenth century could denote
any miscellaneous congeries of men of the same stock, was
so restricted in its usage, that, when it was employed
correctly and not rhetorically, it could only mean a united
people living independent under a government of native
growth. But even so the word was not precise enough to
1 See pp. 416, 418.
443
chap, xxiv.] UNITARY NATIONS 443
denote only those peoples which were descended from
compulsory unions of tribes or of fiefs or of other com-
munities and had only one government apiece. For there
had come into being through voluntary junctions of com-
munities the nations of the Swiss and the Americans, which
for some purposes had one government apiece, but for other
purposes had many co-ordinate governments. In order to
distinguish the two kinds of nations it is necessary to give
each of them a qualifying adjective : nations which have one
government apiece and no more are called unitary, and those
with many co-ordinate governments are federal. Sweden
and England from the end of the sixteenth century possessed
all the qualities implied by the name unitary nation, and I
shall give them that name from the times when it became
applicable to them, although it was not invented till more
than two centuries later. Whenever I have occasion to
speak of all the members of a unitary nation who are living
at one time by a collective name, I shall call them a national
community. That name cannot properly denote anything
but the contemporary members of a unitary nation : for the
contemporary members of a federal nation are not one
community but many, and the component communities in
a federal body politic are not national communities, because
they are not independent.
When the first unitary nations came into existence, it was
only by experiment that they could discover what kinds of
government were conducive to their welfare. ^
0 . . Experiment-
Accordingly both in Sweden and in England aigovem-
many new kinds of government were tried. The j^£![Lfor
Swedes from 1561 to 17 20 1 were so much occupied nations,
in striving to conquer fresh subjects on the
mainland of Europe outside their own peninsula that they
failed to find any good method of managing their home
1 Geijer, Hist, of the Sivtdea, Turner's translation, ch. 11. p. 149.
444 EXPERIMENTAL [chap. xxiv.
affairs : the English wanted nothing on the continent, and
their search for a government that suited their requirements
was rewarded with success.
As soon as all Englishmen had shown in 1588 that they
would fight vigorously against the Spaniards, the despotic
Despotic government of Elizabeth was no longer needed :
government accordingly the nobles and gentry of new families,
two Stuart endowed and promoted by the Tudor sovereigns,
kings. having already gained great influence with the
country folk among whom they lived, desired to gain a share
in directing the public policy of the government. Elizabeth
in 1601, needing money for a war in Ireland, gave way to
the wishes of the House of Commons in regard to certain
oppressive monopolies which she had granted to some of her
favourites : but the first two kings of the house of Stuart
tried to set up a government far more despotic than any that
had existed under the Tudor sovereigns. James laid taxes
of his own authority : Charles did the same, and for eleven
years governed without a parliament. In 1640 Charles,
having been defeated by the Scots, and being unable to get
money, was compelled to summon a parliament, and to
assent to laws which forbade all unparliamentary taxation,
and provided that England should never be more than three
years without a session of parliament. But in January 1642
he tried to coerce the House of Commons with military force,
and thus caused two civil wars which were waged not for
the disruption of England but for the purpose of settling
under what form of government it should stand united.
From 1642 to 1660 nothing was done towards determining
what should be the permanent government of the
Stages in the . r , . ■ . .
decline of the country : but, in the long period that began in
king's des- 1660, when Charles the Second became king with
potic power. .
the same powers as his father had possessed in
1642, and that ended in 1835, changes were made Avhich
chap, xxiv.] GOVERNMENTS 445
resulted in abolishing the king's despotic power and setting
up in its stead a supremacy of parliament. The course of
these changes may be divided into four parts.
(1) Between 1660 and 1689 parliament gained a right
to control administration.
(2) From 1689 to 1760 parties were organised in parlia-
ment, and from 1714 one party had exclusive enjoy-
ment of office.
(3) From 1760 to 1811 the king's power revived.
(4) Between 1811 and 1835 parliament was greatly
strengthened by the admission of fresh classes to take
part in the election of members of the House of
Commons, and it was definitely settled that the king's
ministers were jointly responsible to parliament, and
could be turned out of office by an adverse vote of a
majority in the House of Commons.
Charles the Second always had less money than he desired
for squandering on his mistresses. In the first nineteen
years of his reign want of money drove him to ,^ I66o-i68o.
summon frequent parliaments and to make them Parliament
many concessions : by 1679 parliament supervised trol of ad°n
expenditure as well as taxation, had revived the ministration.
process of impeachment for removing a minister from office,
and by passing the Habeas Corpus Act had prevented
imprisonment without trial : these innovations gave the
parliament effective control of administration. But between
1678 and 1681 the amazing folly of the newly made Country
Party (called from 1680 the Whig Party), shown in the
credence they gave to the fabricated story of a Popish Plot
and in their attempt to make the bastard Monmouth heir to
the throne in lieu of James the heir by legitimate descent,
destroyed the authority of parliament. From 1681 to 1688
Charles and then James misgoverned as despots free from
control. James used as his instruments a usurped power of
446 POWERS OF PARLIAMENT [chap. xxiv.
dispensing with penal statutes, a standing army maintained
without leave of parliament, and a bench of judges, servile
because dismissible by the king at pleasure. At the very
end of 1688 James ran away from England : very early next
year a Convention Parliament, so called because not
summoned by a king, decided that the throne was vacant,
and before electing a new king limited his powers by a
Declaration of Rights. The Declaration introduced nothing
that was entirely novel in the form of government: it
reaffirmed the limitations on kingly power which had been
established before 1679, and in regard to two matters which
had come to be keenly disputed since that time it settled for
the first time that the king had no power to give general
dispensations from penal statutes nor to keep a standing
army in time of peace without leave of parliament : even the
crying mischief of judges dismissible at pleasure was left
untouched, probably because it was useless to make judges
sure of continuing in office till some judges of tried honesty
had been found: it was not till the Act of Settlement of
1701 that the rule was made that after the accession of the
house of Hanover judges should hold office during good
behaviour and not during the king's pleasure. The provisions
of the Declaration, though so modest, sufficed to ensure for
future parliaments all the control over administration that
was needed. William, the new king, almost at the time of
his accession became the leader of a great coalition of
European powers formed for resistance to the aggressions of
Louis the Fourteenth. The Mutiny Act which gave the
king authority to maintain discipline in his army was never
made to hold good for more than a year at a time, and in
every year the king found it necessary to ask for a new act
and for money to defray the cost of war.
It is worthy of notice that between 1660 and 1689 men
began to use the word Constitution when they wished to
chap, xxiv.] CONSTITUTION 447
speak of a settled form of government. It was a new word.
In the debates of parliament in 1640 and 1641, where it
would have been employed if it had been known,
it does not occur: in those debates the nearly 'constitu-
equivalent term established government occurs on'
only once, since settled methods of ruling were a thing still
desired, and not yet possessed.1 But in The Character of a
Trimmer written in 1685 by George Savile, Marquis of
Halifax, but not published till 1688, Constitution occurs five
times in the first thirty pages.2 The word means literally a
settling together, and when used as a political term denotes
such a settlement of the relations between the powers in a
government as has been established by law and custom.
Halifax, the great Trimmer, shows by the context in which
he uses the word that he gave it much the same sense as
we now give it, and that he knew that sense would be familiar
to his readers. The word was appropriate in his time because
there were already powers, not merely one power, in the
government, and the relations between the powers were
becoming defined.
By 1689 politicians were divided into Whigs and Tories.
For six years from that time William chose some ministers
from the Whigs and others from the Tories : but , , oM
,° . (2) 1689-1760.
the plan was inconvenient, because the members Parties in
of the two houses of parliament were not informed arljament-
by their party names which way they were expected to vote
on any particular proposal, and the ministers could not be
sure of a stable majority. In 1695 the king tried the experi-
ment of choosing all his ministers from among the Whigs :
but in his later years and in the reign of Anne till 1710
1 My authority is a collection of Speeches in the Great Parliament, published
by W. Cooke, London, 1641, in a volume of about 600 pages.
2 In Miscellanies by the late Lord Marquis of Halifax, 1704, pp. 97, 98, 113,
114, 115. For the dates of the composition and of the publication of the
Character, see Diet. Nat. Biog., article on 'Savile, George,' p. 359.
448 PARTIES [chap. xxiv.
Whigs and Tories were commonly employed together as
ministers. From 1714, however, when the first Hanoverian
king began his reign no Tories could be put in office, because
Tories in general were suspected of a desire to bring in a
Stuart Pretender as king : from the accession of George the
First till the death of George the Second in 1760 all ministers
were Whigs, except from 1756 the elder Pitt who was neither
a Whig nor a Tory, but was needed as minister for Foreign
Affairs. It was easy for the Whig ministers to keep majorities
in the two houses of parliament, because no class except the
nobles and the rich gentry had any means of exercising
influence on the members of the houses. The lords sat of
right in their own house, and they with the wealthy gentle-
men nominated more than three fourths of the lower house
through their influence over the small close corporations
which elected the members for cities and boroughs. The
patrons of boroughs generally provided the ministers with
majorities because they hoped for dignities or offices : if that
motive did not suffice, they could be bribed with public
money. Sir Robert Walpole, Prime Minister from 1721 to
1742, kept his colleagues in the ministry under strict control :
but there was no rule that all ministers were responsible for
the actions of their chief, and that if he were turned out of
office they must go too. Sir Robert Walpole was compelled
in 1742 to resign from the purely personal reason that
members of the Commons did not like his imperious control :
but, when he went, nearly all his colleagues remained in
office under his successor.
In 1760, when George the Third began his reign, the
Whigs were thoroughly discredited as rulers. For the past
fifteen years they had never been sure that any one would
stand by them except the lords and the rich gentry, and
in 1756, when war against France was needed for the
defence of the American colonies, they were too timorous to
chap, xxiv.] GEORGE III. 449
conduct it, and were glad to hand the work over to Pitt.
The Tories of 1760 were not like the Tories of 1715 and of
1745: they could not be supposed to be Jacobites, , „ .
J rr ' (3) Revival
because there was now no descendant of the of kingly
Stuarts who could be set up as a Pretender. P°wer-
Whigs then and Tories were equally capable of being
employed as ministers. The king played off one party
against the other, and by 1784 had so weakened them that
he could take as his Prime Minister the younger Pitt, who,
like his father, was neither a Whig nor a Tory, and thought
that in the main the king's views about policy were right.
From 1784 to 1811 the members of the two houses voted as
the king wished, and at all times, except for a twelvemonth in
1805-6, the Prime Minister was either Pitt or a disciple of Pitt.
Before 1784 the wealth of England had been marvellously
increased by the invention of mechanical engines and
appliances which made it possible to produce useful
commodities in quantities many times as great as hitherto.
During the great war against France, parliaments granted
moneys in amounts never dreamt of before, Englishmen gave
their lives willingly for the defence of the common weal,
and till 1811 George the Third was far more powerful than
any other sovereign in the world except Napoleon.
After 1811, when King George became insane, kingly
power grew less. The king's eldest son, who became first
regent, and afterwards king, was of despicable
character. The mechanical inventions, which acyofa"™
had multiplied produce, had also made it neces- reformed
. parliament.
sary for artisans to work together in factories,
where they conferred with one another, and determined on
courses of concerted action. Many of the laws made by
nobles and gentry pressed hard on them, and they saw
clearly that they would not be treated with consideration
until they obtained a share in electing members of the
9f
450 SUPEEMACY OF PARLIAMENT [chap. xxiv.
House of Commons. In 1831 it was seen that, unless the
laws relating to elections of representatives were altered,
insurrections would ensue, and in the next year changes
were made which gave the artisans a right to vote at
elections, and transferred many seats in the House of
Commons from decayed villages to large and prosperous
towns. In 1834 William the Fourth dismissed his ministers,
though they enjoyed the confidence of both Houses of
Parliament, and set other men in their places. In 1835 the
new ministers, being outvoted in the House of Commons,
were compelled to resign office, and it became clear that the
Commons could if they chose get rid of any ministry.
After the debates on the changes of ministries in 1834 and
1835, it was accepted as a rule that every minister was
answerable for the acts of all the ministers, and the ministers
were a Cabinet jointly responsible to parliament, and
especially to the House of Commons, which was more
powerful than the House of Lords.
Within the period from 1588 to 1835, in which the
English were trying what government suited them as a
united nation, they found it desirable on two
National . J
unity of occasions to take bodies of men who were not
Britain English under a common government with them-
attainedby selves. After their junctions with the Scots and
with the Irish their nation was no longer a whole
body politic standing by itself, but it was decidedly the
strongest and largest part in a composite body politic. The
Scots in the early years of the eighteenth century were
rather many peoples than one people : but their parliament
consented voluntarily in 1707 that all the Scots in order to
gain opportunities for trading more advantageously should
come under a common government with the English. In
1715 and in 1745 the Scots rebelled in favour of a Stuart
Pretender : but after the suppression of the second rebellion
chap, xxtv.] SCOTLAND, IEELAND 451
the descendants of the rebels gradually coalesced with the
English, and before 1830 a united nation of Great Britain
had been established.
In Ireland no approach had ever been made towards
forming a united people. English kings had nominally been
rulers of the country since the Middle Ages, but
few of them had attempted to govern it: by the Irish °
establishing a parliament, which was totally out J^*| preat
Britain.
of place in such a country, they had made
discords more dangerous. From 1495 to 1782 the Irish
parliament was kept subordinate to the government of
England : in 1782 a Whig government in England set it
free from English control, but kept the appointment of
executive officers for Ireland in the hands of the ministers
in England. The Irish House of Commons was elected only
by absurdly minute constituencies, whose votes were con-
trolled entirely by a few rich men of English families owning
estates in Ireland. Pitt, after becoming Prime Minister of
England in 1784, soon formed the opinion that the discord-
ant elements in Ireland could not be kept quiet by any parlia-
ment elected by one or by many or by all of those elements.
In 1798 disorder and violence broke loose in what was called
a rebellion, but was rather a strife of many hostile factions.
The only persons who cared much that there should be a
semblance of a separate government for Ireland were the
few rich men who nominated the members of the Irish
House of Commons and sold the nominations to the best
bidder. In 1801 the interests of these men were bought up
by the ministers in England with hard cash, and titles, and
honours, and the sundry factions of the Irish were brought
under a common government with the English and the
Scots: a parliament of Great Britain and Ireland was
established, and in 1832 the right to vote for representatives
was given to Irishmen without regard to their creed as
452 CONTINENTAL [chap. xxiv.
widely as to the English and the Scots. By about 1860 the
mass of men under the government of Great Britain and
Ireland were not indeed one united nation : but the English
and the Scots and the north eastern Irish were united in
desires and aims, and they hoped that some future genera-
tion of the other Irish might be joined in friendship and
national unity with their descendants.
On the continent of Europe, as we have already seen, many
united peoples had been formed in the eighteenth century.
The members of a united people who live together
communities, at any one time are a community : thus in the
4' year 1800 there were many communities in
continental Europe. In 1814 two of these communities, the
Swedes and the Danes, were still separate under native
governments : the rest had been grouped together in large
or small masses into composite bodies politic: but on the
other hand new communities had been formed in France
and in the reduced territory of Prussia. After the abdica-
tion of Napoleon and his relegation to Elba it had to be
decided which of the communities should be separate under
native governments, and which should stay in their existing
groups or be put in new groups.
The decision of these questions rested with the Great
Powers of Europe acting on May 30 in their treaty of
Continental ^&ris &n& from September 20 at the Congress of
communities, Vienna. The pronouncements of the Congress in
regard to political delimitations within Germany
need not detain us long. They did not undo the work
accomplished in 1803 by the Committee of the Diet, which
had gathered the minute German communities into groups,
though they modified its details in order to reward princes
who had helped to overthrow Napoleon, and to punish at
least one of his adherents. It followed that many or all of
the larger kingdoms or principalities which they recognised
chap, xxiv.] COMMUNITIES 453
or established in Germany contained many communities
apiece, and could not for some generations to come con-
stitute themselves as unitary nations : as a matter of fact
all of them renounced all notion of becoming unitary nations
in 1866 or 1871 when by their own acts they ceased to be
independent and separate. Outside of Germany the Con-
gress recognised every kingdom which had been inde-
pendent in 1792 as still independent, but it transferred
the Norwegians, now a thoroughly united community, from
the King of Denmark to the King of Sweden, and the
southern Netherlanders from the emperor of Austria, who
declined to keep them, to the hereditary Stadholder, now
king, of the Dutch Netherlands. The Norwegians im-
mediately resisted annexation to Sweden, and obtained a
government of their own for all but foreign affairs. The
southern Netherlanders in 1830 rebelled against the Dutch
king, and in 1833 it was finally settled that they should form
the independent state of Belgium: the name Netherlands
consequently denoted only the Dutch Netherlands. In
1833 six communities, the Swedes, the Danes, the Savoyards
and Piemontese, the French, the Dutch, and the Belgians
were independent under native governments, and it was
therefore likely that the descendants of each of them
would constitute such a succession of independent com-
munities as bears the name of nation. The Norwegians
were obliged to act in foreign affairs as the Swedes pre-
scribed, but they were so vigorous and so united that they
and their descendants in every generation were sure of having
such a government as they might desire for the conduct of
internal business. During the nineteenth century I shall
generally consider the Norwegians as forming a seventh
unitary nation, though it was not till 1905 that by their
complete separation from Sweden they gained a perfect
title to be so regarded.
454 CONTINENTAL [chap. xxiv.
When the power of Napoleon was broken in 1814, the
event was so momentous that no one perfectly understood
all that had happened. The communities every-
Passive stti-
tude of com- where except in Norway remained passive. In
munities, Norway the Danish Stadholder, on hearing that
the Norwegians were to be handed over to the
king of Sweden, summoned a national convention. The
convention in April 1814 made a constitution with re-
presentative institutions, which was only slightly altered
in November of the same year when the Norwegians
accepted the king of Sweden as their sovereign.1 The
Danes and the Swedes kept their governments as they
were. The Savoyards and Piemontese took back their
native despotic king who since 1802 had reigned only in
the isle of Sardinia. In France and in the Netherlands
some changes were made, but their character was not
determined by any action on the part of their communities.
In dealing with the Netherlands and with France the
governments allied together against Napoleon were corn-
Constitutions Polled to form some immediate decisions as to
of France the internal organisation of the two countries.
Netherlands, In December 1813 the allied armies after their
1814. great victory at Leipzig entered the Dutch
Netherlands and enabled William, son of the last Stad-
holder, to assume authority there as sovereign prince.2
William, knowing well enough that the Dutch could not
be governed despotically, and acting no doubt with the
advice of the allied Great Powers, himself drew up a
constitution, and in March 1814 offered it to a body of
notables whom he had selected. The notables were satisfied
and accepted what was put before them. When the
southern Netherlanders were made subject to William,
he appointed commissioners, half of them Dutch and half
1 Dareste, Const. Modemes, 2. 159. 2 Dyer, Mod. Europe, 4. 537.
chap, xxiv.] CONSTITUTIONS 455
southerners, to make a slightly altered constitution. This
was accepted readily by the Dutch, but only by a minority
of the southerners : William, however, declared it to be in
force for his whole dominions.1 In France the Great Powers,
Russia, Prussia, Austria, and England, were resolved that
there should be no despot : they knew that a despot in France
had always been a plague to his neighbours. They installed
Louis the Eighteenth as king : but he knew that he reigned
only by their favour and must attend to their wishes.
Accordingly he thought it prudent to issue a charter with-
out delay, which established for France a government
resembling as nearly as might be that which then existed
in England, with a hereditary king, an upper chamber of
peers nominated by the king to sit for life and in cases
determined by the king to transmit their dignity to their
descendants, a lower chamber of representatives chosen by
those few Frenchmen who paid not less than three hundred
francs yearly in direct taxes, and ministers who were
members of one of the chambers. The two chambers
were to have no opportunity of spontaneous activity, since
they could not initiate proposals: their function was to
discuss matters submitted to them by the ministers.2
Between 1830 and 1884 the national communities, being
now practically assured of their independence, could make
trials of forms of government. The Belgians in Govem-
1831, the Dutch in 1848, the Danes in 1849, and me°ts of
the Swedes in 1866 peaceably took constitutions communities,
after the English model.3 In 1848 Charles 1830-1884.
Albert, King of Sardinia-Savoy-Piemont, and his son Victor
Emmanuel, desiring the vigorous aid of their subjects
for a war against Austria, gave them a constitution of the
1 Dareste, Const. Modernes, 1. 78.
1 Fyffe, Modern Europe, 376.
3 For dates see Dareste, Const. Modernes.
456 PAELIAMENTARY [chap. xxiv.
English type. They were badly defeated in the war, but,
when it was ended, Victor Emmanuel, who had become king,
did not attempt to rescind the constitution, and was
therefore known as il re gatantuomo, the honest king.
The French in 1830 expelled their king Charles the Tenth
for disregarding their constitution, and took in his stead his
distant cousin Louis Philippe, but made no change in their
methods of government beyond a trivial extension of the
right to vote in elections to all who paid two hundred francs
yearly in direct taxes. After 1846 they were disgusted with
Louis Philippe, because in all his dealings and especially in
his dishonest foreign policy he thought only of his family
and not of his subjects and their welfare. In 1848 they set
up a republican government which could not keep order.
Before long a Buonaparte, nephew of Napoleon, was elected
as President by universal suffrage, and in 1851 he made
himself a despot. After his adventurous foreign policy had
led in 1870 to his downfall, the French between 1871 and
1884 established a government that was constructed mainly
on English lines, but provided for a President elected by the
legislative chambers, and gave a right to vote in elections
practically to every adult Frenchman. In England the
right to vote was diffused widely, but not so widely as in
France : since 1884 it has been possessed by every English-
man who has a house or lodging in his occupation, and has
kept it for half a year.
In the last third of the nineteenth century the national
communities were those that lived in Great Britain, France.
Parliamentary Belgium, the Netherlands, Denmark, Sweden
governments and Norway : the inhabitants of Savoy-Piemont
of national
communities, were not a national community because they had
1871-1900. merged themselves in a voluntary union with the
other Italian peoples : the Italians taken collectively could
not as yet be confidently called a single community. The
chap, xxiv.] GOVEKNMENTS 457
national communities had obtained governments suited to
their requirements. They wanted governments whose
organs would act harmoniously together, and pay regard
to the welfare of all classes and to the opinions of those
classes that had opinions worth considering, but would not
legislate hastily. These requirements were met by the
governments they had set up, which we may best call
parliamentary. Attention to the opinions of all classes
was ensured by the presence and predominant influence of
a deliberative chamber elected by all classes that were
capable of discerning what was useful for the common weal.
Hasty legislation was made improbable by the existence
of a second deliberative chamber whose consent was
required before any new law could be imposed on the com-
munity. Harmony between the deliberative and the executive
organs was secured by the practice of choosing the executive
ministers from among the members of the deliberative
chambers, which gave the deliberators and the executors
constant opportunities of meeting in debate. Lastly, the
communities needed some machinery for ensuring that
the laws when made would be applied in particular instances
according to their tenour, without regard to dictation of the
ministers or to popular clamour. This was ensured by the
method of entrusting the business of applying the laws to
skilled judges independent of the ministers, who were aided
in their decisions by small juries taken at haphazard and
bound to hear witnesses to facts and to declare the con-
clusions which they had formed after listening to the
evidence given by the witnesses.
In the governments of the national communities at the
close of the nineteenth century the parliaments were in
theory supreme. They had the sole right to impose taxes
and give assent to laws; and they supervised the whole
course of administration. But the ministers proposed the
458 FIRST CHAMBERS [chap. xxiv.
taxes and the laws : the parliaments deliberated on such
laws as the ministers submitted to them. The ministers, as
Great power l°ng as they possessed the confidence of the
of ministers chambers, were their leaders, and in their
in parlia-
mentary capacity of leaders exercised the right of taxa-
governments. ^on an(j iegisiati0n which in theory belonged to
the chambers. The greatest power wielded by the chambers
arose from the fact that they could withdraw their confidence
from the ministers. This power, if exercised by a second
or upper chamber, seldom took much effect : if it was used
by a first or lower chamber it usually drove the ministers
out of office. But in five out of the seven national com-
munities the ministers could, if they chose, dissolve the
lower chamber and stay in office till a new chamber had
been elected : in these five countries the lower chambers
were shy of withdrawing their confidence from the ministers,
and the ministers were almost always stronger than the
parliaments.
The rules governing the election of members of the first
deliberative chamber were not everywhere the same. In
-_ i France the electors were about a fourth part of
First or r
lower the population, in Great Britain and Ireland about
c ers* a sixth : in Belgium a fourth part had votes, but
in that fourth the half that possessed most wealth and most
education had two or three votes apiece, so that the very
poor and the ignorant might be outvoted. In Denmark
and in Norway the voters were a fifth of the inhabitants, in
the Netherlands a ninth, in Sweden a fourteenth.1 In France
and in England far more than half the voters knew nothing
outside of their own town or village or employment. In
England the ignorance of the voters did not for the time
being greatly damage the character of the House of Commons,
because the voters were accustomed to trust men whose
1 Statesman's Year Book for 1904.
chap, xxiv.] SECOND CHAMBERS 459
fathers and ancestors had been wont to exert themselves
for the welfare of their neighbours, and chose such men to
be their spokesmen in parliament : in France there was no
enlightened class that was generally trusted, and the narrow
views of the constituencies were reflected in their delegates.
In Norway employments were few and much alike, and
intelligence and property were evenly distributed : hence it
came about that a man chosen by any constituency to pro-
mote its interests was well qualified to form a sound opinion
on the interests of the whole community.
Second chambers were intended to form and express a
second and independent opinion on the work done in the
first chamber, and to prevent errors committed second
by the first chamber from doing harm. For the chambers,
due performance of their task second chambers did not
need to be equals in power with the first chambers, but
they needed to be of different composition from the first
chambers, and more than their equals in wisdom : their
business was not to compel but to persuade. The English
House of Lords was a strange body to undertake such
functions, because its members obtained their seats by
inheritance, and three fourths of them were useless as
advisers: but the incapables stayed away and those who
remained did their work admirably. On the great occasion
in 1895, when they rejected a bill for setting up a separate
parliament and executive government for Ireland, the
voters at a general election approved their action. But a
hereditary second chamber would, unless its weak members
knew their own weakness, be the worst second chamber that
could be imagined: accordingly the continental national
communities, when they needed to construct second
chambers, never thought of making membership depend
on birth. In these communities members of second
chambers were elected: but in most countries attempts
460 CABINETS [chap. xxiv.
were made to construct second chambers, called in France
and Belgium senates, different from the first chambers by
special rules defining who should elect them, who could sit
in them, and for how long. In France, for example, the
electors of senators were members of local governing bodies
who had been themselves elected : and the senators sat for
nine years, and only a third of them retired every third
year. In Sweden the second chamber was elected by local
governments: both in Sweden and in Belgium only rich
men could sit in the second chambers. But none of the
efforts made in continental national communities to differ-
entiate second chambers from first chambers were completely
successful. In Norway no attempt to keep them unlike
was made. All members of the Storthing or parliament
were elected at once, and the members thus elected chose
out a fourth of their own number to form a Lagthing or
upper chamber : the remaining three fourths were the first
chamber or Odelsthing.1 In 1883, when eleven ministers
gave offence to the Odelsthing, it was seen that the
chambers in Norway could not conduct an impeachment in
a dignified manner. The members of the Odelsthing were
the accusers, and the members of the Lagthing who sat as
judges were men just like the accusers, and had recently
been elected by the accusers. No great harm however
came of the non judicial character of the Lagthing: the
ministers were only sent away into private life, and that
could have been done in any other community without
pretence of judicial process.2
The office of prime minister was said to be conferred by
the hereditary sovereign, in France by the President, or any
man whom he might choose: but in truth the only man
1 My details about second chambers come from Dareste, Comt. Mvdernes.
2 My authority for the proceedings in 1883 is Rigsrettensefterretninger,
Reports of the High Court of the Kingdom, published at Kristiania while the
impeachment was going on.
chap, xxiv.] LAW COURTS 461
who at any given time was willing to accept it was he who
could command most support in the first chamber. The
prime minister chose other ministers. The de-
... Cabinets.
partments of administration were put under the
supervision of individual ministers : but the most important
work of the ministers was done when they all met as a
cabinet and in secret conference decided what should be
their common line of action. In five countries the cabinet
was on most occasions more powerful than the parliament
because the hereditary sovereign had the power to dissolve
the lower chamber and used that power according to the
advice of the prime minister. In Norway, where the
Storthing sat always for three years and during that time
could not bo dissolved, and in France, where a dissolution of
the first chamber required the sanction of the senate,
parliaments were strong and cabinets were weak.
Impartial decisions in law courts were not less essential
to national welfare than harmonious working of chambers
and cabinets. In order that the courts might
Law Courts.
judge rightly, men learned in the law were
chosen to preside over them, and were protected from
ministerial dictation: judges, jurymen, and witnesses were
by the desire of the parliaments and the peoples
shielded by the executive authorities from intimidation.
As the executive ministers could best discover what men
were skilled in the law, one of the ministers appointed the
judges: and, as the judges were to be immune from
ministerial meddling, they were paid large salaries, and
could not be removed from office except at the desire of
both chambers of parliament. Since the courts were pro-
tected by the executive governments, which wielded the
whole physical force at the disposal of the communities, no
attempt to coerce them or frighten their members with
threats was likely to originate within a national community
462 DIGNIFIED [chap. xxiv.
unless it were part of a plot designed to overthrow the
executive government and the parliament by violence.
One plot of this kind was concocted in France from 1894 to
1898 by the staff of the War Office, and the plotters in the
course of their proceedings found it necessary to employ
military officers and newspapers to intimidate judges and
jurymen in a criminal trial.1 During the first eight months
of 1898 it seemed that the plot had succeeded, and that the
civilian government was compelled to obey the military
conspirators : but on August 30 it was discovered that
a document which had been produced before the first
chamber for the purpose of justifying the action of the War
Office was a forgery, and had been made in the War Office
by an over zealous member of the staff. In 1899, a resolute
premier, Waldeck-Rousseau, took office : General Gallifet,
an honest man, was appointed as minister of war: the
officers were compelled to obey the civilian government,
and the law courts recovered their independence. Intimida-
tions of judges in southern Italy by brigands, and of juries
and witnesses in central, western and southern Ireland,
did not affect the internal condition of any national com-
munities. The Italian national community lived only in
the northern part of the peninsula, the British community
only in Great Britain and in north-eastern Ireland. The
inhabitants of the regions where the intimidations were
practised had not yet consented to join in the national
communities though those communities eagerly desired
their accession.
Six of the national communities had hereditary sovereigns:
the French had an elective President. Neither the heredi-
Dignified tary sovereigns nor the French President could
sovereigns, perform any official act except on the advice of
a minister who could be punished for his advice, if it were
1 F. C. Conybeare, The Dreyfus Case, ch. 12, ch. 13,
chap, xxiv.] SOVEEEIGNS 463
bad.1 The hereditary sovereigns were known to be power-
less, and were accordingly exempted from responsibility for
their acts: but in France in 1875, when MacMahon was
President, it seems to have been thought that a President
might seduce a minister from his duty, and persuade him to
run the risk of being punished : for it was enacted that a
President could be accused of high treason by the first
chamber, and be judged by the senate : 2 the resignation of
President Casimir-Perier, on January 15, 1895, seems to
have been prompted by his knowledge that a humiliation
which he had suffered from a foreign government might
involve him in awkward consequences.8 The hereditary
sovereigns though personally powerless could be first-rate
advisers of their ministers, because they were acquainted
with all secrets of state continuously throughout their
reigns : the ministers knew the most private matters only
when they chanced to be in office. In foreign affairs more
than in any other department of government the intimate
knowledge possessed by the hereditary sovereigns was
especially valuable, and it might easily happen that a
hereditary sovereign was a better agent than any minister
could be for establishing a good understanding between his
own subjects and some foreign community.
From 1900 to the present day continental unitary nations
have continued to be what they were in the „ c
* # Bodies politic
nineteenth century, except that the Norwegians of the twentieth
in 1905 declared themselves perfectly indepen- century-
dent of Sweden, and elected a Danish prince to be their
' Chacun des actes du President de la Republique doit etre contresigne
par un ministre.' So runs a clause in art. 3 of La Loi Constitutionuelle du 25
Fevrier 1875. Dareste, 1. 9.
a Ibidem, art. 6, and Loi du 16 Juillet 1875, art. 12, in Dareste, 1. 15.
3 See the evidence of M. Casimir-P^rier given before La Cour de Cassation,
December 28, 1898, and printed in the Journal des Dtbats for April 12, 1899;
also the evidence of Risbourg and Lebrun-Renault, printed in the Figaro
for April 20, 1899,
464 GENERAL [chap. xxiv.
dignified sovereign. In England the now existing body
politic seems to be different from all its predecessors, and
to have a different government. What may be the actual
nature of the body politic and what is its government
cannot as yet be discerned.
Before we leave the unitary nations we may observe that
five of them were descended from compulsory junctions of
Pedigrees of tribes, only two, somewhat unlike the rest,
bodies politic nameiy France and Belgium, from compulsory
from com- junctions of fiefs, and further that two peoples in
tancttons of ^e IDerian peninsula, Spain and Portugal, both
tribes. descended from compulsory junctions of tribes,
are making progress towards becoming unitary nations, and
that in Germany eight or ten of the larger peoples, each
descended mainly from a compulsory junction of tribes, were
till 1866 making progress in the same direction. Hence
we perceive that compulsory junctions of tribes are the
principal origin of unitary nations and their like, and it may
be worth our while to take a general view of the pedigrees
of peoples descended from such junctions. As soon as we
take our survey of the pedigrees we see that they are
characterised by regularity, and by the occurrence in a fixed
order of several successions of generations of bodies politic
marked off from one another by the possession of certain
characters and forms of government.
Compulsory junctions of tribes were common in Germany,
Scandinavia, and England in the Dark Ages. By 1066 they
had all been made in England and in Scandinavia,
Succession °
of types in the but in Germany some may probably have
pedigrees. occurrea between 1250 and 1273 during the
Great Interregnum. Till 1300 everywhere and in Germany
till 1400 the characters of the bodies politic descended from
the junctions are scarcely discernible. Then from 1300 in
England and Scandinavia, and from 1400 in Germany we
chap, xxiv.] COMMENTS 465
meet with about four generations of bodies politic, ruled by
a king with very imperfect representative institutions: in
the larger countries these bodies politic were decidedly
composite, in the small German principalities much more
simple. From 1474 in Spain, from 1485 in England, from
1523 in Sweden we find bodies politic of which nearly the
whole masses are united, but are plagued by small recalcit-
rant factions or communities : in these countries the large
united mass sets up a strong king to restrain the disturbers.
In Germany the small principalities though not disunited
internally are afraid, from 1530, of aggressive neighbours,
and they like the larger bodies politic set up strong kings
Thus from about 1500 we get in every one of our pedigrees
some generations ruled by a strong king subject to little
control of parliament. Lastly in every pedigree we come to
some body politic which has finally quelled the disturbers
and is a united community. Such bodies politic appear in
the different pedigrees at different dates : but from the time
when one such has appeared, the rest of the generations are
a unitary nation, and are ruled by a cabinet and a repre-
sentative assembly elected by a large part of the population
with the concurrence and help of a dignified sovereign.
Three greatly abridged general tables of bodies politic
descended from compulsory junctions of tribes and from
junctions of fiefs may here be appended.
5o
466
[chap. XXIV.
I. BODIES POLITIC DESCENDED FROM JUNCTIONS
OF MANY TRIBES
Bodies Politic. Governments.
In Period 1, to 1300.
Unstable. Unstable.
In Period 2, 1300-1450.
Composite bodies politic.
Sometimes a king and a rudely
made parliament : sometimes
civil war.
In Period 3, 1450 to various
dates.
Composite bodies politic, but King almost or entirely despotic.
consisting for the most part Parliaments if present very weak.
of united communities.
In Period 4, from various dates
to the present time.
Unitary nations.
II.
Cabinet, parliament, and digni-
fied sovereign.
BODIES POLITIC DESCENDED FROM JUNCTIONS
OF FEW TRIBES IN GERMANY
Bodies Politic. Governments.
In Period 1, to 1400.
Little known. Little known.
In Period 2, from 1400 to 1500.
Simple communities with few Prince and a Landtag,
external wars.
In Period 3, from 1530 to 1814.
Simple communities engaged in
many external wars.
Prince without a Landtag, or
with a powerless Landtag.
CHAP. XXIV.]
467
III. BODIES POLITIC IN FRANCE DESCENDED FROM
JUNCTIONS OF FIEFS
Bodies Politic. Governments.
In Period 1, from 1250 to 1477.
King's demesne, fairly united, King and Parlement de Paris.
having fiefs joined under it
in unequal alliance.
In Period 2 from 1477 to 1789.
Composite bodies politic held
together, if at all, by armed
force with or without bribery
of privileged orders.
In Period 3, 1792-1795.
Disruption of France.
In Period 4, 1795-1814.
Body politic gradually becoming
a single community by being
converted into an army.
In Period 5, 1814-1900.
Unitary nation.
Till 1595 sometimes king upheld
by army, sometimes anarchy.
After 1661 king, seemingly
strong, really weak, aided by
an army and by bribed
privileged orders.
Tyrannous demagogues.
A strong military despot.
Usually parliament, cabinet and
dignified sovereign [1851-
1870, a military despot].
CHAPTER XXV
VOLUNTARY JUNCTIONS OF EQUAL COMMUNITIES
All the junctions of bodies politic which have been noticed
thus far were effected by compulsion. Compulsory junctions
of unlike peoples produced the empires of the Csesars and
of the Kaisers. Compulsory junctions of like communities
in the course of long ages generated unitary nations. We
have now to observe voluntary junctions of bodies politic :
in the present chapter Voluntary Junctions of Equal
Communities: in the next voluntary junctions of unequal
communities or of unequal bodies politic.
The name voluntary junction of equal communities
belongs, strictly speaking, only to an action by which equal
Scope of the communities establish a common government to
chapter. which all of them promise obedience or defer-
ence. But such an action may be preceded by a different
action, by which communities merely form a permanent
alliance for their common defence, without setting up any
common government: and the formation of a permanent
alliance has in one instance led insensibly and by slow
degrees to the establishment of something like a common
government. Hence it is not convenient to insist on giving
the word junction its precise meaning, and I shall notice in
the present chapter the one permanent alliance which
insensibly led the allies comprised in it to live under an
exceedingly imperfect common government.
468
chap, xxv.] ACHAIA 469
Voluntary junctions of equal communities have occurred
(1) in ancient Achaia, (2) in mediseval Switzerland, (3) in
the Dutch Netherlands, (4) in North America, preiiminary
and (5) in Switzerland in the middle of the nine- remarks,
teenth century. Before I describe these junctions I wish
to point out that in each of the five instances the peoples
that made the junction had throughout their existence
before they joined together been precluded by their situa-
tion or their circumstances from conquering one another.
The Achaean peoples and the three Swiss tribes which in
1291 made a permanent alliance were separated from one
another by most formidable natural barriers. The Dutch
and the Americans almost up to the time of their junctions
were subject to powerful foreign rulers who effectually pre-
vented them from contending with one another: and,
though the larger part of the Swiss cantons did in 1847,
just before the final voluntary junction of all the Swiss,
engage in a war against the minority and defeated them,
they did not dare to turn their victory into a conquest,
because they could not attempt any such measure without
provoking an intervention of the great powers of Europe.
Achaia stands geographically related to the Peloponnesus
nearly as Asturias to Spain: but it is more decisively
isolated from the Peloponnesus than its Spanish
analogue from the bulk of Spain, because the
range of Erymanthus and Kyllene, which fences it in, is
precipitous on the south as well as on the north, whereas
the range in Spain which gives bounds to Asturias is
approached from the south by a very gradual and almost
imperceptible slope, and is rather a cliff four or five
thousand feet high than a mountain range. The area of
Achaia is cut up by high ranges of mountains running
generally from south to north into about a dozen narrow
valleys. In these valleys little cantons of mountaineers
470 ACHAEAN [chap. xxv.
and mariners had established themselves long before the
ages known to us from historical records.
The Greeks of the historical period believed that the
Achseans whom they knew as their contemporaries were
Origin of the descended from the men who in the Mykensean
Achaeans. age nacl lived at Mykense and Tiryns and in
Laconia. Pausanias, who wrote in the age of the Antonine
Csesars, gives us the story of the migration of the Mykenaeans
to Achaia that had been handed down by popular tradition ; 1
and he also indicates clearly that the men who lived in
Mykense till 468 B.C. believed that the men who then lived
in Achaia were their kinsmen. He tells us that, when the
inhabitants of Mykense were ejected from their city in
468 B.C. by the Dorians of Argos, a good part of them went
to settle at Keryneia, one of the Achsean cities, and that
their coming gave Keryneia a large increase of population
and of renown.2
In the early and central part of Greek history the whole
of the Achsean cantons acted together. Kroton and Sybaris
in Italy, said to have been founded before 700 B.C.,
The &s.rlier
Achsean were known as colonies of the Achaeans and not
League till 0f anv single Achsean city.3 Thucydides on the
few occasions when he mentions the Achaeans
speaks of them as adopting a common foreign policy, and
thus indicates that in his time they were joined in some
sort of league or confederation. Polybius says expressly
that in the time of Philip of Macedonia and his son Alexander
the Great they had a common government.4 They acted
together far more harmoniously than the Boeotians. In
Boeotia war between Thebes and Orchomenus occurred more
than once : among the Achsean cantons and cities we hear
1 Pausanias, 2. 18, p. 151. 2 Pausanias, 7. 25. 6, p. 589.
8 Strabo, pp. 262, 263.
4 Polybius, 2. 41. 6, says they had a Koivbv iroXlrevna.
chap, xxv.] LEAGUE 471
of no discords. But after the death of Alexander the
Great the Macedonian king Kassander, and after him his
two Antigonid successors Demetrius Poliorketes and
Antigonus Gonatas, interfered in Achaia and broke the
Achaean cities and cantons apart from one another.1
In 280 Antigonus Gonatas was unable to attend to affairs
in Greece : so four Achaean cities established a common
government for the management of their foreign
policy: other Achaean cities afterwards joined Achaean con-
them. In 25 1 Aratus of Siky on, then only twenty ^jgff1
years of age, expelled a tyrant from his native 280 b.c-
city, and induced the Sikyonians, though their
city was not in Achaia, to join the Achaean confederation.
In 245 he was chosen strategus of the federal body, and
not long afterwards he brought into it Corinth, the key of
the Peloponnesus, and nearly all the other cities in the
peninsula except Sparta.2
Each canton and each city in the confederation had a
government to manage its internal affairs : and there was
a central or federal government to regulate those „
0 J ■ Governments
parts of their policy which affected all alike, in the Achaean
The seat of the federal government was atiEgium confederation-
a sea port on the Corinthian gulf.3 The parts in the
federal government were a strategus and a grammateus,
or secretary, a council probably in constant or almost
constant session, and an assembly which met every spring
and every autumn and could also be summoned for meetings
at other seasons.4
1 Polybius, 2. 41. 9 and 10.
2 Polybius, 2. 41. foil., and Plutarch, Aratus.
3 Polybius, 5. 1.
4 In 220 the council was sitting when no assembly was being held : for
Philip of Macedonia then conferred with the council on a matter of foreign
policy, which he would certainly have laid before the assembly if it had
been possible : Polybius, 4. 26, irpo<xe\66vTos rov £a<ri\^ws irpbs rty /3ou\tj»' h
AlyLip. In 224 the assembly met in spring and in autumn : Polybius, 2. 54.
472 ACHAEAN [chap. xxv.
The strategus was elected annually at an assembly and
entered on his duties in May at the rising of the Pleiades.1
He was at first simply commander in chief:
Achaean afterwards he was rather minister for foreign
govern- affairs, and his badge of office was a seal.2 The
ments. '
council contained at least a hundred and twenty
members, and probably enough of them to make a quorum
were in session all the year round, or at any rate a good
part of the year.3 The assembly was attended by all
citizens of the component cantons or cities who chose to
present themselves: it must have been so since Polybius
says that the system of government was demokratia with
free and equal speech : 4 but in truth a demokratia in a
federation was nothing like Aristotelian demokratia or
demokratia in a single city, since in a federal assembly
none could be present except those who had time and
money to spare. In the federal assembly votes were taken
not by heads but by cities: each city or canton had only
one vote, and that vote was Aye or No according as the
majority of those present from the city or canton desired
to accept or to reject the proposal before the assembly.5
In the component cities no doubt the governments were
conducted in popular assemblies, which however had
no control over foreign policy. For thirty years, from
251 B.C. to 221 B.C., the Achaean confederation ensured
a large number of Greek cities in the enjoyment . of far
1 Polybius, 5. 1. 2 Polybius, 4. 7.
3 In 187 B.C. Kumencs, king of Pergamum, offered 120 talents as a per-
manent endowment for the councillors : Polybius, 23. 7 in Dindorf, 22. 10
in Shuckburgh's translation. A talent would yield 720 drachma? in yearly
interest, and that was a large stipend for a councillor : a member of the
Five Hundred at Athens got about 300 drachma?. If the councillors at
iEgium had been fewer than 120, each would have been offered even more
than 720 drachm®.
* Polybius, 2. 38. 5 and 6.
\ * Jivy, 32, 22,
chap, xxv.] LEAGUE 473
better and more orderly government than any Greek
cities had known in the days when each city was entirely
independent.
From 227 to 221 the Achaean confederation was at war
against Kleomenes, King of Sparta ; as the war went
decidedly in favour of Kleomenes, Aratus as Decline and
strategus of the confederation in 223 persuaded destruction
the federal assembly to ask aid of Antigonus Achaean con-
D6son who was ruling Macedonia as regent for federation,
his young nephew Philip.1 The aid was given and
Kleomenes was decisively defeated in 221 at Sellasia in the
north of Laconia: but from that time the Achaean con-
federation was dependent first on kings of Macedonia and
afterwards on the Roman Republic. In 146 B.C. the
Achaean territory was overrun by a Roman army: from
that time its inhabitants were controlled by some Roman
magistrates, probably by the governors of Macedonia : from
the time of Julius Caesar Achaia was a Roman province
under a proconsul whose sole duty was to govern it.2
In the heart of the Alps three German tribal communities
in Uri, Schwyz, and Unterwalden were still governed in the
thirteenth century by assemblies not differing in (2) Mediaeval
any particular except that they had no kings from Switzeriand.
those folkmoots of their ancestors which Tacitus described.
They were separated from one another by mountain barriers :
between Uri and Unterwalden the lowest pass, the Surenen,
is more than seven thousand feet above the sea. Near them
in the lower grounds were many princes who might try to
oppress them : but they enjoyed favour and protection from
Rudolf of Habsburg the German Kaiser. In 1291, shortly
after Rudolfs death, they formed an alliance for three years
1 Polybius, Book 2.
s See Smith, Diet. Geogr., article on Achaia; also Marquardt, Staatsmc,,
1. 171, in edition of 1873.
474 LEAGUE [chap. xxv.
which became permanent:1 in 1315 they won a splendid
victory at Morgarten, near Schwyz, over an Austrian prince,
and thereupon they concluded a new alliance in which they
called themselves Eidgenossen, or sworn comrades. Between
1332 and 1353 they admitted into their alliance five more
towns or tribes, Luzern, Zurich, Glarus, Zug, and the city of
Bern, a component member in the German Reich or Kaiser-
thum. In 1370 it chanced that an unruly priest, Provost of
the Great Minster at Zurich, quarrelled on private grounds
with the Schultheiss, the chief magistrate at Luzern, fell
upon him with armed force, and took him prisoner. There-
upon six of the eight members of the Swiss League altered
the terms of their alliance by concluding a compact called
Pfaffenbrief, or Declaration concerning Priests, in which they
resolved to suppress and punish all private wars waged by
any man in their Eidgenossenschaft, or sworn comradeship.2
Again after they had in 1386 won their great victory at
Sempach over Duke Leopold of Austria and his nobles, they
varied the terms of their alliance in their Sempacherbrief,
which was to regulate their mutual obligations in time of
war.3 In the middle of the fifteenth century Bern was so
much the strongest of the allies of the eight cantons that
in 1474 Louis the Eleventh of France who eagerly desired
an alliance with the valiant Swiss, as soon as he had got the
adhesion of the Bernese, did not care to get precise agree-
ments with the other cantons, knowing they would follow
the lead of Bern:4 but every town and canton was in-
dependent and conducted its own foreign policy through the
agency of ambassadors bound by instructions from their
fellow townsmen or fellow tribesmen. Till 1481 the eight
cantons were merely joined in a permanent alliance, and up
1 Oechsli, Quellenbuch zur Schweizergeschichte, pp. 50, 51.
2 Erzinger, Schweizer Katechismus, 23 ; Oechsli, Quellenbuch, 99-102.
3 Quellenbuch, 110.
4 B. de Mandrot in Jahrbuch fur Schweizergeschichte, vol. 5, 170-182.
chap, xxv.] OF THE SWISS 475
to that time nothing that I have noticed in their records
indicates that they had anything at all of common
government.
But from 1481 some germs of what might grow into a
common government began to appear, and it seems that they
sprouted up spontaneously without any deliberate
, . , P , -j , . Beginnings
design on the part ot the cantons to induce their Cf common
appearance. In 1481 some of the ambassadors government,
to avoid war between the tribal cantons in the
mountains and the urban cantons in the lower ground broke
their instructions, and permitted the majority of the
ambassadors to settle the policy of the whole body of the
allies. Thus the ambassadors became for the moment not
the servants but the masters of the cantonal governments,
and for the moment something like a common government
was set up.1 In 1489 the ambassadors of the eight cantons
were an itinerant body. Whether they all remained together
during their peregrinations I cannot say : but certainly in
March 1489 some of them were first at Zurich, then at Schwyz,
and by the beginning of April they were back at Zurich. Both
in March and April they made use of their sacrosanct character
of ambassadors to try to allay a revolt made by the towns-
men of Zurich and their dependent country-folk against an
oppressive Btirgermeister, Hans Waldmann, thereby inter-
vening in the domestic affairs of a canton where they were
present.2 In the last years of the fifteenth century and the
early years of the sixteenth the Swiss mountaineers were by
far the strongest fighters in continental Europe, and a meeting
of the ambassadors of the cantons could deal on equal terms
with the most powerful sovereigns in the world. In 1512 in
two meetings on August 11 and September 6 they held
1 Oechsli, Quellenbuch zur Schweizergeschichte, an excellent selection of
authorities, 199-206.
2 Ibid., 211-218.
476 SWISS LEAGUE [chap. xxv.
thirteen interviews with ambassadors from rulers outside
Switzerland, two of these being Maximilian King of the
Romans, and Ferdinand King of Spain. By a fiction it might
be said that they were acting under instructions from their
cantonal governments: but in truth the negotiations that
they had to conduct with foreign powers were so many and
so intricate that they could not act except under the guidance
of their own common sense.1
But between 1512 and 1540 the influence of the Swiss
ambassadors in the councils of Europe and their authority
Decline and over tne cantons were both broken. As the
disruption of natives of many European countries learned skill
the Swiss i • i • , 1 * 1 •
cantons, and gamed prowess m war the Alpine mountain-
1512-1540. eers Were no longer invincible. In 1515 the great
defeat which they suffered at the hands of Francis the First
of France at Marignano lowered their reputation and their
confidence. Thenceforward they were unable to settle the
issue of European wars at their pleasure : in 1516 they made
peace with Francis, and in 1521 all the cantons except
Zurich concluded an alliance with him which enabled him
and his successors for many generations to keep six thousand
Swiss mercenaries in the service of France.2 Between 1524
and 1540 the cantons were divided by differences about
theologies and churches into hostile factions, and from then
till 1798 they scarcely possessed anything that bore a
resemblance to a common government.
About the Dutch provinces between 1579 s and 1794 I can
say but little. Trustworthy information is scarcely to be
gained about them except from old writers like Peter Bor
whose eight huge folio volumes in the Dutch language I have
not read, and from one masterly paper by the Lord Chester-
1 Oechsli, Quellenbuch zur Schweizergeschichte, 261-266.
2 Ibid., 278-281. 3 See page 421.
chap, xxv.] DUTCH PROVINCES 477
field whose Letters to his Son are well known.1 It may how-
ever be asserted with confidence that the Dutch provinces
never formed a firmly jointed federation, but that
when in 1814 the Dutch of that day emerged as a Dutch
united community they came readily under a federation
ever existed*
single supreme government, and since that time
the Dutch nation has been not federal but unitary.
The Union of Utrecht made in 1579 was rather an
alliance of Holland, Zealand, Utrecht, Gelderland and
Zutfen, and the Frisians between the Ems river 4. „ : ,
' j The Dutch
and the Zuider Zee than a confederation. The provinces,
contracting parties call themselves Bondesgenoten, IS79"1609-
which means, I believe, only allies bound in a league, and
I cannot find in the whole treaty of union any mention of
a central government capable of making a new law or
imposing a new tax without the consent of the governments
of the several provinces.2 In 1600 on the other hand, when
Groningen, one of the Frisian provinces, was forcibly com-
pelled by the other Dutch provinces to pay its quota of the
taxes, there was evidently some sort of central government
with coercive power, and the provinces may be regarded as
joined in a confederation.3 It is my impression that from
1600 to 1609, when the Dutch made their Great Truce with
Spain, the junction of the Dutch provinces was more like a
confederation and less like a mere alliance,4 than at any
point in the subsequent sixty years.
1 Some Account of the Government of the Republic of the Seven United
Provinces, appended to the Letters of Lord Chesterfield to his Son.
- Text of the Union of Utrecht in Bor, Bk. 13, p. 26 of vol. 3 in the
edition of 1679-1680. Abstract in Student's Motley, p. 585 and foil.
3 The Student's Motley, published by Harper and Brothers, London and
New York, 1898, pp. 744, 745. The Student's Motley is far less rhetorical
than Motley's own work, and seems much more trustworthy.
* Just after writing the above sentence I was pleased to see that it was
supported in some degree at least by the weighty opinion of Heeren,
European States and Colonies, p. 72.
478 DUTCH [chap. xxv.
In the nine years from 1600 to 1609 there was in the
central government an assembly called the states general,
a council of state, and a single high officer called
governments, Stadholder. The members of the states general
were elected in the provinces : but whether they
were elected by the governments of the provinces, or by the
governments of towns in the provinces, I do not know. The
council of state contained eighteen or twenty members.
Motley says that they were chosen from the various states
of the republic, and that they represented not their
particular states but the whole country.1 From what he
says I cannot conjecture who were their electors, but
conclude that the councillors were men of some skill and
experience, and that their business was to consider the
collective interests of the seven provinces. The Stadholder
was commander in war. The states general was a legislative
body, but must not trespass on the rights of the provincial
governments, and therefore had little power. Under the
Union of Utrecht no war could be declared, and no treaty
could be concluded without the assent of the states general,
and the separate and explicit assent of every one of the
provinces: in 1600 when there was a council of state the
assent of that council was required in addition.
During the seventeenth century there was a Stadholder
either of the Dutch provinces or of the important province
Th D t h °^ Holland at all times except twenty two years
provinces, of the infancy, boyhood and youth of William
1609-1713. the Tnird. The Stadholders derived most of
their power from their offices of captain general and admiral
general of the seven provinces : the great statesman William
the Third was not only captain and admiral, but also chief
adviser on foreign policy, and under him the provinces were
more nearly united than at any time before the nineteenth
1 Student'* Motley, p. 746.
chap, xxv.] GOVERNMENTS 479
century. But even William, when he longed in 1688 to go
to deliver England from its mischievous ruler James the
Second, and from the influence of its resolute enemy Louis
the Fourteenth, was for a time hindered by the opposition
of the single large city of Amsterdam.1 After the death of
William it was impossible for Marlborough, whom the Dutch
chose as their captain, to do his work expeditiously because
the states general or their deputies who accompanied their
armies forbade him to attempt enterprises necessary for the
conclusion of the war.2
After the death of William the Third there was no
Stadholder for forty five years. Lord Chesterfield, writing
from experience gained in the Dutch Nether- xne Dutch,
lands between 1730 and 1747, says that the true "713-1814.
rulers of the Dutch were not the states general but the
vroodschaps, or co-opted governments of the Dutch towns.
The vroodschaps chose the deputies who made up the states
general : but those deputies could do nothing important in
foreign policy without getting the assent of every province,
and no province could give its assent till it had obtained
leave from the vroodschaps of all its towns. The right of
the provinces to restrain the states general, and of the
towns to restrain the provinces, was so absurd that in
practice it was sometimes neglected : but the neglect of it
was ' absolutely unconstitutional.'3 In 1747 the Dutch took
a new Stadholder of the family to which their two great
Williams had belonged. In 1794 the Dutch territory was
conquered by generals of the French Republic. Under the
hard pressure of French rule the provinces were squeezed
together into one community, and that community in 1814
became the founder of the Dutch unitary nation.
1 Macaulay, History, chap. 9, tenth heading in the table of the contents
of the chapter.
* Stanhope, Queen Anne, and Coxe, Memoirs of Marlborough, passim.
3 Chesterfield, Letters, etc., ed. of 1774, vol. 4, 290 n.
480 NORTH AMERICAN [cha*. xxV.
In North America the English had thirteen colonies.
Eleven were of English foundation: one was founded by
the Dutch as New Amsterdam, another by the
America. Swedes, but in 1664 they were taken by the
The English English, were renamed New York and Delaware,
colonies. °
and afterwards were gradually Anglicised. In
the middle of the eighteenth century each colonial com-
munity had a representative assembly, and a governor
appointed by the King of England : the communities
through their representative assemblies granted taxes to
their governors, and managed most of their internal affairs.
They were not taxed by the Parliament at Westminster.
In 1765 the Westminster Parliament, on the proposal of
George Grenville, made a first attempt to tax the colonists
by requiring them to pay for stamps on contracts: in 1766
however Grenville's Stamp Act was repealed at the
instance of a new body of ministers in England of whom
Lord Rockingham was the head. But in 1767 yet another
body of ministers was in office, and one of them, Charles
Townshend, induced the Parliament to pass an act requiring
the colonists to pay import duties on tea and a few other
commodities.
From 1768 onwards the colonists resisted the attempts
of the English revenue officers to collect the import duties.
The representative assemblies used bold language
Continental and most of them were dismissed by the
Congress, governors. The colonists having now no re-
cognised representatives acted spontaneously
and informally : in 1774 the inhabitants of every colony
except Georgia sent delegates to a congress to deliberate
about their common interests. The congress was called
Continental, as being an agent for all the North American
continent. It met at Philadelphia, and after attending to
matters of urgent but temporary importance, it agreed that
chap, xxv.] COLONIES 481
a second congress should meet next year, and then its
members dispersed.1
In 1775 a second continental congress met like the first
at Philadelphia. In May 1776 it advised the colonies to
form new governments of their own, and its advice
was followed. On July 4 it announced that the 'States,'
colonies deemed themselves independent, and I776'
thereby it declared war against Great Britain.2 In con-
sequence of the Declaration of Independence the American
communities renounced the name of colonies and called
themselves states. The second continental congress in
1775 and 1776 must have been, like the first continental
congress, an informally constituted body, since the colonies
had not yet established governments. Afterwards new
governments were made, and delegates to the congress
received authority from them to sit in congress: till 1781
the delegates continued their sessions and their efforts to
promote the interests of the thirteen communities.
In 1777 the congress drew up a scheme under which it
proposed that the governments of the thirteen communities
should join together in setting up a permanent
government to manage some of their common Confedera-
affairs. The scheme, called the Articles of faon'
Confederation,3 set up a permanent congress consisting of
delegates from the thirteen states, appointed in such manner
as the legislature of each state should direct. In the
permanent congress each state was to have one vote.4 The
permanent congress could not command any single citizen
in any particular. It could deal with foreign states, and it
could ask the governments of the thirteen states to grant
1 Alexander Johnston, History of the United States, publ. Holt, New York,
1890, pp. 86-90.
2 Ibid., pip. 97-104.
3 Printed in Bryce, American Commonwealth, 1. 690-696.
4 Art. Confed., Art. 5.
2n
482 LOOSE [chap. xxv.
it money and men : but in case any state neglected a request
it had no means of compelling compliance, since it had no
authority for commanding single citizens and no resources
for beginning a war against recalcitrant states. Acceptance
of the scheme was to be signified for each state by the
delegates of that state in the continental congress acting as
plenipotentiaries for the legislature of their state, and the
scheme was not to be in force till the legislatures of all the
thirteen states had through their delegates signified their
acceptance of it. Four years passed in disputes among
some of the states about their western boundaries : at last
on March 1, 1781, the scheme had been accepted by the
delegates of all the thirteen states.1
It will be seen that the confederation made in 1781 was
only an attempt to join governments, not to join com-
munities: and the attempted junction was
Ineffectual ._ n . ,
character of ratified by governments, not by communities,
the confeder- fhe compact made in 1781 was an attempt to
ation. . r r
join governments, not communities, because
though the thirteen governments agreed that they would
in certain matters be controlled by a fourteenth government,
namely the permanent congress, which they set up, they did
not agree that any single citizen should in any particular
be controlled by the permanent congress: thus after the
compact was made every citizen was a subject only of his
own state and was not subject to the congress. And the
parties to the compact were not communities but the
ordinary legislatures of the communities acting through
their delegates. The distinction that I have just made
between ratification by communities and ratification by
their ordinary legislatures seemed to me, when first it
occurred to me, to be open to the charge of being trivial and
1 A. Johnston, Hist., 137, Art. 271. Cambridge Modern Hist., 7. 235.
Bryce, Am. Com., 1. 696.
chap, xxv.] CONFEDERATION 483
pedantic, because treaties of alliance that relate only to
foreign policy are always made either by executive govern-
ments or by legislatures without the express sanction of
individual members of the community, and yet they are
perfectly valid. But I believe the distinction is of some
importance, because we shall see shortly that the only
strong federations that have ever been made were ratified
not by ordinary legislatures but by the express and explicit
approval of the greater part of the members of the contract-
ing communities.
After the war of the Americans against Great Britain was
ended in 1783, the communities in America fell into discord.
Those states which had good harbours would not convention
let their neighbours make use of the harbours till to revise the
they had paid large dues on the commodities that confedera-
they desired to send across the sea.1 Danger of tlon-
foreign war was not permanently removed, since Great
Britain still owned Canada, and Spain had a right, which
however was for the present dormant, to rule the huge
territory called Louisiana from the Mississippi westward
to the Rocky Mountains.2 Congress could do nothing to
mitigate discord or provide against danger. It could ask
the states with good harbours to be kind to their neighbours,
and could ask all the states to furnish money and men for
the common defence : but when its requests were disregarded,
it could do no more. The American communities were not
one body politic but thirteen separate communities. Each
community had its own government which did what it
chose : congress, which had been intended to be a common
government, could govern no longer and could not be
counted as a government. As early as 1782 a desire was
expressed by the legislature of New York that congress
1 Cambridge Mod. Hist., 7. 243.
2 Bryce, Am. Com., 1. 27.
484 CLOSEK UNION [chap. xxv.
might be enabled to provide a revenue for itself.1 In 1787
the legislatures of twelve states sent delegates to a conven-
tion at Philadelphia, which was entrusted with the task
of revising the Articles drawn up ten years earlier.2
The delegates in the convention evidently thought the
Articles of Confederation too defective to admit of being
patched with any good result: for at their
of the first meeting they allowed Edmond Randolph of
American Virginia to expound to them his draft for a
Constitution. ° r ^
totally new compact between the thirteen states ;
they took his draft and not the old Articles as the basis of
their discussions, and at one of their earlier meetings, when
a delegate from Virginia expressed the opinion that the old
confederation had been dissolved by the appointment of the
delegates to the convention, no one contradicted him.3 The
debates of the delegates eventually showed that all of them
except perhaps two or three were resolved to propose the
establishment of a new central government endowed with
authority to issue commands on certain defined matters to
individual citizens and to compel obedience to those com-
mands: and before the debates ended it was decided that
ratification of the proposed compact should be signified for
any state not by the ordinary legislature of the state, but by
a convention elected by the inhabitants for the sole purpose
of deciding whether the state would enter into the new
compact or would decline : and that, when nine states had
ratified the compact, the compact should be binding on those
states.* The compact was called the Constitution of the
United States : and its chief features were a central govern-
ment with some power to compel, and ratification by con-
ventions certain to express the wishes of the communities.
1 Cambridge Mod. Hist., 7. 244.
2 Bryce, 1. 20-28.
■ Madison, Constitutional Convention, 1. 73.
4 Constitution Art. 7, printed in Bryce, Am, Com., 1. 705.
chap, xxv.] DESIRED 485
The compact was to make a junction of communities and it
was to be made by communities. By the year 1789 the
Constitution had been ratified by conventions in all the
thirteen states.
In their draft of the new compact or constitution the
delegates described its parts with admirable precision and
neatness: and they arranged the parts in that Draft
order which would be most intelligible to the American
i-i Constitution.
Americans generally and would be most likely to Heads of
disarm opposition. They explained the structure descnp11011-
of the main organs of the government before they defined
the functions of the organs. That order of exposition was
the best for its purpose : but, since many ideas about
governments which were then novel are now familiar, I
do not feel bound to follow it. In making a sketch of
the American Constitution I shall describe first the extent
of the powers conceded to the central government, and shall
thence deduce the powers retained by the governments of
the contracting states : secondly, I shall notice the structure
of the central government, and thirdly, I shall explain the
provisions made for future modifications of the contract
between the states.
The act done by a number of communities which
voluntarily join together consists in the establishment of
a common government to manage some part of
their affairs. The character of the act depends powers of
both on the extent of the powers conceded to the the central
government.
common government and on the structure of that
government, but I think most of all on the extent of the
powers given to it, which extent in its turn determines
the amount of the residue of powers retained by the
communities in their own possession. In the central
government set up by the American communities there
were three organs, legislative, executive and judicial. The
486 CLOSER UNION [chap. xxv.
central legislature in two chambers had power to lay taxes,
to borrow money, to regulate external commerce, to provide
rules respecting naturalisation and bankruptcy, to coin
money, to fix standards of weights and measures, to establish
post offices and post roads, to regulate copyright and patents,
to define and punish piracy, declare war, raise and main-
tain armies and a navy, to call upon the militia of the
separate states to execute the laws enacted in the central
legislature, and to be the sole legislature for the district ten
miles square in which it held its sessions. The central
executive officer, called President, was to see that the laws
made by the central legislature were obeyed, and was com-
mander of the army and navy of the United States, and of
the militia of the several states when called into the actual
service of the United States: with the assent of the upper
chamber of the central legislature he made treaties and
appointed all functionaries of the United States, among
whom judges in the central judicature were included. The
central judicature, called Supreme Court, decided on appeal,
(1) all cases arising under the Constitution of the United
States, or under laws made by the central legislature, or
under treaties, (2) controversies to which the United States
was a party, and (3) disputes between citizens of different
states. In all cases affecting ambassadors, other public
ministers and consuls, and in those in which a state was a
party, it had original and therefore sole jurisdiction.1
The powers retained by the single states to be exercised
by their own governments were far more numerous than
Draft . those that they gave away to the central govern-
Powers of ment, but the greater part of them can be
the govern- . . .
mentsof indicated under a few comprehensive titles,
single states. The single states made and executed their own
laws about property except those touching bankruptcy, their
1 All this from the Constitution, Articles I., n., ill.
chap, xxv.] PROPOSED 487
own laws about crime except piracy and treason to the
United States, and their own laws about marriage. They
maintained order by forces of police. They set up local
and municipal governments, and could require sanitary
precautions and regulate education and medical diplomas.
They gave charters to commercial associations : and finally
they chose their own constitutions subject to the single
condition that they could not set up a king. An American
citizen was touched by the law of his own state in every
circumstance of his daily life : it was only occasionally that
he was touched by the law of the United States. But the
occasions on which federal law came in were important: and
the federal law affected all the inhabitants of the thirteen
states, whereas the law of Virginia or of Pennsylvania could
only touch a Virginian or a Pennsylvanian.
In regard to the structure of the central government the
debates of the delegates consisted very properly in a process
of bargaining in which the delegates of each state Draft .
sought to protect the interests of their own state, structure
The interest of every state demanded that the government:
central government should be strong enough to ^terests and
& . . principles
ensure the confederated states against foreign to be
enemies. The larger states Virginia, Pennsylvania consldered-
and Massachussetts had nothing to lose by making the
central government strong, because they were confident that
in the central government their own citizens would have a
large share of power. The smaller states, as New Jersey and
Georgia, feared lest a strong central government might bear
hardly on them. But the course of the debates was by no
means all bargaining : it was largely influenced by theories
of what government ought to be, derived from the experience
of the American colonies and from observation of govern-
ment in Great Britain, and especially by a doctrine or axiom
which the disciples of Montesquieu had invented. Montes-
488 CLOSER UNION [chap. xxv.
quieu, making his observations about the middle of the
eighteenth century, saw that England was far better governed
than any other large country, and that in England the
legislative and judicial branches of government were not so
entirely dependent on the executive as they were in France,
Spain and Prussia. Hence arose a dogma that the legislative,
the executive, and the judicial organs of government ought
to be independent of one another. The dogma, as current
in the time of the convention, was only a universal pro-
position derived from incorrect1 observation of a single
community, but it had great influence over the decisions of
the delegates.
In constructing the central government the delegates
considered the need felt by all the states of a common
government strong enough to make all secure
structure against foreign enemies, the desire of the smaller
of central states not to be overwhelmed, and the dogma
government.
about the independence of organs. The upper
house of the legislature, called the Senate, was constructed
so as to induce the smaller states to consent to the new
compact of confederation : its members were elected by the
legislatures of the states, and every state, whether large or
small, had two senators : the tenure of the senators was long,
only one third of them vacated their seats at any one time,
and the Senate never ceased to exist: no state could be
deprived without its consent of its right to two senators.
The lower house of legislature must be elected by all the
citizens, since it was to take part in making laws binding on
every citizen: every state elected, by such process as it
thought fit, members of the lower house in proportion to the
numbers of its population, one slave counting for three fifths
1 During the debates of the delegates James Madison pointed out that in
England the organs of government were not independent. — Madison, Const.
Conv., 1. 92.
chap, xxv.] PROPOSED 489
of a free man : members were elected for two years only, and
all vacated their seats at the same time. The executive was
a single man, called President, elected for four years: for
his election each state appointed, in such manner as its
legislature might direct, electors equal in number to the
senators and representatives to which the state was entitled
in the two houses of the legislature : no person holding any
office under the United States could be a member of either
house of legislature, and therefore executive ministers
appointed by the President were entirely debarred from
influence over legislation: the President could, however,
himself recommend to the houses such measures as he
deemed necessary and convenient. The central judicature
was to have, as we saw, very important functions : hence its
judges were to hold office during good behaviour, and there
was no method of proving that they were not of good behaviour
except an impeachment begun by the lower house and
judged by the Senate, and ending in a conviction.1
As the constitution was a compact or bargain concluded
by many states its terms could not be altered without the
consent of the parties to the compact, namely the
contracting states, lne delegates proposed more changes
methods than one by which the consent of the of the. .
'. . constitution.
states to a change in the compact might be
given : but only one method has been actually used. Under
this method a modification of the compact is proposed by
two thirds of each house of the central legislature, and
becomes valid when accepted by the legislatures of three
fourths of che states in the confederation.
In September 1787 the delegates finished their draft of
the new compact among the states. By June 1788 conven-
tions in nine states had given their ratifications, and for
those nine states the compact became binding. Soon
1 Bryce, Am. Com., 1. 229.
490 CLOSER UNION [chap. xxv.
afterwards two more conventions ratified, and in March
1789 the new central government established by eleven
Ratifications communities began its work. By 1790 all the
of draft, thirteen communities had ratified : but, as some
of them thought that the powers conferred on
the central government were too elastic, ten amendments
were proposed in 1789 and ratified two years later to set
limits on those powers. The amendments only made clear
what was doubtful, and were such as the majority of the
delegates who made the draft would readily have adopted
if they had occurred to their minds.
In the compact which took effect in 1789 the contracting
communities were determined to keep much power of
separate action in their own possession : and their
generations successors have held the same determination.
ia the rpj^ ^esjre 0f the states to keep control over their
American r
Common- particular concerns has been greatly aided by the
independence and separation of the executive and
legislative organs in the central government. These two
organs do not act together, and either deliberately or
unwittingly the legislature thwarts the executive. The
President cannot secure the passage of such laws as he
desires because his ministers are not present in the legislature
and cannot exert influence over law making. The houses of
the legislature (which is called Congress) have no official
leaders such as are the ministers in a unitary nation, and all
bills are merely private members' bills. These circumstances
lead to the introduction of a huge number of trivial proposals,
and make it difficult for the houses to learn which proposals
are worthy of most consideration. In one session nineteen
thousand private members' bills were introduced.1
In a unitary nation such as England is no great number
of private members' bills are brought forward : members
1 Bryce, 1. 136 and 137.
chap, xxv.] RATIFIED 491
know that a private member's bill has no chance of passing
unless the official leaders of the houses, who control a
majority of votes in the lower house, give it committees
some support. Thus trivial proposals are killed of Con£ress-
before coming to birth. In America they all come before one
of the houses, and the houses have to do the work of sifting
them. The work is done for each house by about fifty small
committees, each consisting of on an average about nine or
eleven members. Each committee considers bills on some
special subject. The most important of the committees are
the Committees on Appropriation, which report to the two
houses on bills touching the expenditure of the federal
revenue.
The stages through which a bill has to pass in the
American central legislature were originally copied from
the practice in the British Parliament. In our
Lcick of
parliament a bill, before it can pass, must in each general
house be read a first time, usually without much interest in
debates.
discussion : a second reading is preceded by the
main debate, in which the house examines whether it likes
the main features of the bill: after that the bill is referred,
if important, to a committee of the whole house for consider-
ation and amendment of details : then the committee makes
its report to the house, and there may be a debate and
voting on the amendments made in committee : lastly there
is a debate and voting on the third reading. In America
the first and second readings are granted without any dis-
cussion. Then the bill is referred to its proper small
committee. The committee can hear witnesses, and usually
hears them with open doors: but the newspapers cannot
report the evidence heard by about fifty small bodies for
each house.1 After hearing the evidence the committee
discusses its report, usually in secret. If the committee
m 1 Bryce, 1. 158.
492 FEDERAL [chap. xxv.
makes no report, the bill is dead : if it makes a report, the
house, if the bill is of no great importance, accepts the
report with very little debate, and no one outside the
house is any the wiser, unless the bill passes both houses and
is published as an Act of Congress. If a bill is of great
consequence, each house has a debate on the report, and
possibly on the third reading : but even then the debates are
not studied by the citizens at large with any such interest
as is aroused by debates of parliament in a unitary nation,
because in the American federation the result of a debate
cannot lead to a change of executive ruler. The bill under
debate was not proposed by the President nor by any of his
ministers, and its rejection cannot shake the credit of the
executive government. The President was elected by the
citizens of the United States for four years, and no vote of
the legislature can abridge his term of office.1
The judicature of the central government has risen
steadily in the estimation of Americans and of the world.
The federal The American Commonwealth which now con-
judicature, tains forty eight states has forty nine govern-
ments, all co-ordinate. It has accordingly forty nine con-
stitutions, forty nine legislatures, forty nine statute books.
Among the forty nine constitutions and the forty nine
statute books conflicts of laws are inevitable. It is the
chief business of the federal judicature to consider cases
arising from conflicts of laws, and in those cases to declare
which law overrides the other with which it is in conflict.
For this and for other work the judicature is provided with
one Supreme Court, nine District Courts, and fifty five
Circuit Courts. The judges in all these courts are appointed
by the President with the sanction of the Senate, and hold
office during good behaviour. The stipend of a judge in
the Supreme Court is ten thousand dollars (£2000), in the
1 Bryce, 1. 156-162. #
chap, xxv.] JUDICATUEE 493
Districts Courts six thousand, in the Circuit Courts five
thousand.1
As conflicts of laws give rise to most of the disputes that
come before the federal courts, the courts have to remember
what degree of authority belongs to each system principles
of laws and to decide accordingly. The Con- for deciding
when Iciws
stitution of the United States was a compact arejn
made by all the citizens of all the states, and conflict-
that constitution ranks first. The laws made in Congress
were made ostensibly under the authority of the con-
stitution: if they are really such as the constitution
authorised, they rank with the constitution: if they were
made in excess of the powers granted by the constitution,
they are void. The constitution of each state in the union,
if not in conflict with the federal constitution or with law
of Congress duly made, will hold good : these constitutions
rank third. Lastly the laws made by the legislatures in
each of the forty eight states will hold good only if they do
not conflict with the federal constitution, or the federal law,
or the constitution of the state in which they were made.2
For ensuring that the decisions of the federal courts take
effect there is almost no official force that can be used.
There is no body of police under the command ...
* * Absence of
of the central government: each state has its federal
own police, but that police is not in any way poUce-
under the control of the federal executive. Each federal
court has one officer, a marshal, to put its decisions in
execution. If the marshal is impeded in his duty, he can
ask any private citizen to help him, or he can summon
federal troops from Washington, the seat of the federal
government.8 In practice the decisions of the federal
1 Bryoe, Part 1. ch. 22. I give the figures relating to the Courts as they
stood in 1893, which is the date of my copy of Bryce's book.
2 Bryce, Part 1. ch. 23,
* Bryce, 1. 231.
494 THE FOETY EIGHT STATES [chap. xxv.
courts are obeyed. The American citizens like the federal
courts, because the existence of those courts makes it possible
for every citizen to live under two competing governments,
and thus to be much less controlled by any government
than a citizen of a unitary state can be.
The governments of the forty eight states have more
control than the federal government over the actions of the
citizens. Each has a government divided into
mentsofthe legislature, executive governor elected by the
forty eight citizens, and judicature. The legislature has
the power to make new laws about property,
crime, and marriage, but naturally does not exercise it often ;
sometimes it may make laws about sanitary precautions
or education: :most commonly it is occupied in granting
charters and privileges to commercial companies. Both
the judicature and the executive government in a state are
kept busy. The judges are elected by the inhabitants of
the districts under their jurisdiction, usually for a short
term of years, and it is marvellous that they are not entirely
incapable and corrupt : they may be restrained perhaps by
the presence in the states of federal courts, and by the
professional opinion of lawyers: but even so, justice is more
costly to the suitors than it is in any unitary community.
Of the executive officers the police are the most active:
each county and each town has a police force of its own,
and the legislature of the state in which the counties and
towns are situate settles how the chief constables and their
subordinates shall be elected or appointed.
Since the compact made in 1789 did not establish a single
supreme government but left a multiplicity of co-ordinate
governments still standing, it was not likely that any American
citizen would feel, as an Englishman then usually did feel,
that his circumstances made him naturally a member of a
party striving for definite political aims. In England there
chap, xxv.] PARTIES 495
was only one government: every man either had or had not
the privilege of helping to elect the supporters of that
government, and therefore there was in England „ li .
0 ' & Parties in
a clear division into Haves and Have-nots. In the United
America every citizen was under two govern- states-
ments, and all citizens who cared could enjoy the privilege
of helping to elect both governments. But the federal
government at Washington was in general wiser and more
active than the governments in the component states of the
union, because it had to attend to wider interests. Hence
Americans of some generations divided themselves into
those who desired the federal government to be as strong
as the compact would allow, and those who desired it to be
as weak as the compact would allow. In other generations
there has been no divergence of desires relating to political
aims of permanent importance, and in those generations
there have been no parties properly called political.
From 1794 for nearly a generation those who desired a
strong central government were called Federalists: their
opponents were called Republicans, as desiring to
have thirteen republics nearly free to act as existence of
they chose. Then from 1817 to 1850 there were parties'
no well marked parties. But by 1850 Americans had settled
in large numbers in the expanse of territory to the west of
the Mississippi, and the states in the union, of which there
were then thirty, had to consider whether the settlements
in the west should be admitted as new states into the
confederation, and whether their inhabitants should be
allowed to own slaves. On these questions the year 1854
witnessed the formation of new parties in the thirty states.
Those men who aimed at obtaining a strong central govern-
ment and at prohibiting slavery in new states were called
Republicans, as desiring one American Republic: their
opponents, who desired that every state new or old should
496 PARTIES [chap. xxv.
be free to recognise or not to recognise property in slaves
were called Democrats. It is indicative of the lack of
continuity in American parties that the name Republican
was borne from 1794 to 1817 by those who desired thirteen
small republics, but from 1850 onwards for a quarter of a
century by those who desired one Republic of all the
Americans.
In 1861 eleven southern states, which desired that slavery
might be allowed in the western territory, seceded from the
„. ., . United States and formed a separate confedera-
C i vil war in
America, tion. The northern states for four years carried
1861-1865. on a greafc war £0 force them back into the union,
and they attained their object. The victors in the war
belonged to that party which desired that all the states
should by the insertion of new clauses in the federal
constitution make a compact to abolish slavery in all the
states in the union. The new compact that they desired
was made by amendments in the constitution duly ratified
by the states, and the amendments greatly increased the
control of the central government over the inhabitants of
the component states, and in the same degree curtailed the
authority of the governments in the single states.
Since 1875 there have been no parties in America aiming
at different political objects in which every citizen must
take a keen interest : but the Americans are still
organisation divided into two groups which seek to get the
of parties in kjg offices for their leaders and petty employ-
ments under the federal government for the
followers. As there are no political objects of great
permanent importance in view, the citizens at large do not
care to exert influence over the parties, and the proceedings
of the parties are entirely managed by armies of paid wire-
pullers. The organisation of the modern parties that seek
only office has attained a perfection that was unknown to
chap, xxv.] AMERICAN CITIES 497
the earlier parties that strove after aims of general public
interest.1
The communities that now live on the Atlantic shore of
North America are at least in some cases rather the
successors than the descendants of the com- „
Growth of
munities that in 1789 founded the United States. American
Families have migrated in large numbers from Clties'
the eastern states westward, and swarms of needy immigrants
have arrived from Europe at the ports of the eastern sea-
board. The best of the newcomers soon move westward,
but the most shiftless, and the poorest, stay at the port of
arrival for many years or for their lives. Thus New York,
the chief port of debarkation, is only a halting place for
enterprising immigrants, but for the helpless a domicile.
The influx of population from Europe, and the inability of
its weakest elements to advance to the west from the port
of arrival, has made a revolution in the economic condition
of some eastern states. In 1750 the State of New York had
only ninety thousand inhabitants, the city only twelve
thousand. In 1870 the state had nearly four and a half
millions, the city nearly one million : now the state has nine
millions, the city nearly five. In 1750 the twelve thousand
citizens of New York consisted of steady and quiet-going
Dutch traders and their dependents. Now the city contains
thousands of speculating financiers some of whom count
their possessions in scores of millions of dollars : but it also
contains a million or two of proletariate unable to make any
progress towards permanent prosperity.2
The legislature of the State of New York, which sits at
Albany, gives a frame of government to its cities one by one,
and makes no general scheme for all its cities. Till 1857 it
1 On the whole subject of parties in America see some admirable chapters
by Mr. (now Viscount) Bryce in Part m. of his American Commonwealth.
For the history of parties see A. Johnston, Hist., articles 304, 330, 417, 616.
1 Bryce, ch. 88 ; Statesman's Yearbook, 1881, and any recent year.
21
498 TAMMANY [chap. xxv.
gave the government of New York city mainly to an elective
council: in 1857 it gave more power and in 1870 nearly all
power to an elective mayor. Ever since 1789
there had been in the city an association which
held friendly gatherings and promoted charitable schemes :
in 1805 it took the Indian name of Tammany, and gave its
officers titles which had been used by the tribe of the
Iroquois, whose headquarters had been at Schenectady
near Albany. About 1865 an adventurer named Tweed
saw that a clever wirepuller in the Tammany Society
might make his fortune. He and three other men, by
making use of the machinery established by the Tammany
Society, got control of a solid mass of 130,000 thoroughly
ignorant voters : they were known as the Tammany Ring,
and by 1870 they had plundered the city of thirty or fifty
million dollars. In 1870 the personal rule of Tweed and the
other three was exposed and overthrown by the honest and
intelligent part of the citizens : but by 1876 a new Tammany
had arisen. Its operations were facilitated by the charter
given to New York in 1870, which put nearly all power in
the hands of the mayor, authorising him to appoint all the
chief officers in the city, and in particular the heads of the
police, and the judges in the courts of first instance for
criminal cases, which we wrongly call police courts. In
1894 no man who declined to subscribe to the funds of
Tammany could get justice or be exempt from persecution.1
Tammany is by no means an isolated phenomenon peculiar
to New York: similar methods of government prevail in
Rationale of Philadelphia, Chicago, Brooklyn and St. Louis.2
Tammany. ^nd j^ js qUite in accordance with analogy that
such methods of government should prevail in the greatest
American cities. The cities, now that they have grown
large, are not under the control of any community larger
1 Bryce, 2. .309, 400. 2 Bryce, ch. 88, first paragraph.
chap, xxv.] TAMMANY 499
than themselves. The federal government of the United
States never had any authority to interfere in their
domestic concerns. The thirteen states that made the
union had the power to rule their cities, and while the
cities were small they made use of it effectively : now that
the cities have attained to great size and wealth it is of no
avail, because the cities partly by numbers of votes and
partly by bribery and threats control the legislatures of the
states: New York has more than half the votes in the
legislature at Albany, Philadelphia and Chicago have large
batches of votes in their states of Pennsylvania and Illinois.
The cities are independent, or are city states, in almost
every particular, except that they wage no wars, and thus
are like the Greek maritime cities before 480 B.C. and the
inland cities of Italy in the fourteenth and fifteenth
centuries. It is then not surprising that they have class
governments, or perhaps I should say, bastard class
governments, not run by a class but ostensibly run in the
interest of one class, and actually oppressive to other classes.
New York can afford to keep an adulterine class government
because it can never need to defend itself in war. A clear-
sighted writer in an American periodical said in 1876 that
if New York were independent in its foreign policy, as Rome
was, it would have a Caesar within six months ; * and any one
can see that in half that time it would have a government
that would make a clean sweep of Tammany. The city
outside America that is like New York is not Rome or
Athens in the days of their worse corruption, but Florence
in the second half of the fourteenth century. At Rome and
Athens the strongest of the classes was always able to do
the work of governing : at Florence after 1343 the dominant
class, the rich merchants, could not govern because guilds
and single rich men were too jealous of one another to let
1 Bryce,2. 395, 396.
500 TAMMANY [chap. xxv.
any man learn the art of governing: therefore Florence
came under the rule of the captains of the Parte Guelfa.1 In
New York the multitudes of the proletariate, who are the
biggest class by far, can cram the ballot boxes with their
votes, but are too ignorant and feckless to think of ruling :
therefore New York is governed by Tammany, the modern
analogue of the Parte Guelfa.
As the circumstances of the American cities are such that
governments like Tammany grow up in them and find in
Successes them abundant nutriment to sustain them,
gained by governments of the Tammany type have in most
and similar °f tne years since about 1876 succeeded in most
rings. 0f the cities in getting installed in authority. In
New York valiant efforts have been made now and again
by the honest citizens to get an honest government, and
three or four of them have succeeded : in the contest that
I chance to remember best the champion of the honest
citizens was Seth Low, the distinguished and munificent
Principal of Columbia University. The sporadic successes
of the men who mean well by their neighbours have some-
what alarmed the Tammany bosses, and I do not know any
evidence to show that they are now guilty of such cruel and
universal persecution of their opponents as was steadily
practised by their predecessors thirty or forty years ago:
but on the other hand, notices that occur now and again
in newspapers indicate that isolated cases of atrocities, equal
to any of those perpetrated by Tweed and his colleagues,
are even now not beyond the bounds of possibility.
In Switzerland strife between churches was sharp in the
sixteenth century, less violent towards the end of the
seventeenth, and in 1712 was laid aside at a treaty concluded
by the cantons at Aarau. But the strife had done its work,
and towards the close of the eighteenth century the
1 See page 372.
chap, xxv.] THE SWISS CANTONS 501
meetings of the ambassadors of the thirteen cantons were
simply meetings of ambassadors, and did not serve as some
earlier meetings had served as an incohate .
common government for the cantons. If any cantons,
proposition of importance was made to the am- I7°°-I797-
bassadors by a canton or its ambassadors, the other ambas-
sadors or a good part of them merely took the proposition
ad referendum, that is to say, for carrying home to their
masters in their cantons for their decision by a vote taken in
a council or a folkmoot.1 And, further, the men under the
rule of a single canton were for three reasons not usually one
community. Firstly, a canton often had dependencies : thus
even the mountain canton of Uri kept in subjection both
the Urseren Thai from Andermatt to the Gotthard Pass and
the Liviner Thai beyond the Alps : the dependencies were
separate communities from the canton that ruled them.
Secondly, in the town cantons, as Zurich and Bern, the
townsmen ever since the Middle Ages had through superior
wealth and intelligence kept down the country-folk : since
about 1500 the best of the peasantry had gone abroad to
serve as mercenaries to foreign powers, and the country-
folk left behind were further weakened by their departure.
Thirdly, even within the towns sharp distinctions between
classes had arisen, as they always do arise in cities that are
independent. In several cities the members of the richest
and oldest families had engrossed all the power, and entirely
deprived the other citizens of political privileges.2
In 1797 some of the discontented in Switzerland asked
1 Striking instances of such action of ambassadors occurred in 1791 and
again on September 3, 1792, on receipt of the news that the Swiss regiments
had been slaughtered on August 10 at the sack of the Tuileries in Paris. —
Miiller, Hist. Confid. Suisse, continuee par Monnard, 15. 452 and 466.
2 My authorities for the history of Switzerland, 1500-1848, are in the main
Oechsli, Quellenbuch, and the Cambridge Modern History, vol. 6, ch. 17, and
vol. 11, p. 234 and foil. For Switzerland, 1760-1798, also vol. 15 by Monnard
of Hist. Con/id. Suisse par Johannes v, Miiller, traduite et continue'e.
502 THE SWISS [chap. xxv.
help of the French, then ruled by Directors : it chanced that
the man most openly approached was General Napoleon
. Buonaparte. In 1798 the French, while Buona-
cantons, parte was absent in Egypt, intervened by force
1797-1 I4" in Switzerland, deprived every canton of the
right to manage its domestic affairs, and tried to turn the
Swiss into a republic, ' one, indivisible, democratic and re-
presentative ' : but they kept the new republic under their
influence by means of a French army of occupation. The
Swiss gained something by coming under one government,
but they soon found that the French were more active in
robbing than in befriending them. When Buonaparte was
First Consul they applied to him for relief, and in 1803 he
by his Act of Intervention restored the cantons and allowed
them to send ambassadors to hold meetings, but took pre-
cautions against the abuses which before 1798 had provoked
discontents. In 1814 the Powers of Europe in Congress at
Vienna agreed that Switzerland should have its neutrality
guaranteed by them, and thus be spared from foreign wars.
In the next year the cantons, now numbering twenty two,
made a new compact among themselves. It was some-
what like the compact which Buonaparte had dictated to
them in 1803, but it gave more freedom of action to each
of the twenty two cantons — for it only forbade cantons to
make separate alliances detrimental to other cantons, thus
permitting alliances that were not detrimental: and, like
the Act of Intervention made by Buonaparte in 1803, it
provided no representative assembly for all Switzerland, and
no executive organ common to all the cantons. The
ambassadors were to meet in successive years in Zurich,
Bern, and Luzern, which were called Vorwte, or Presiding
Cantons. The execution of the resolutions of the ambas-
sadors was left to the cantonal government of the Vorort
for the time being, which had no means of ensuring that
chap, xxv.] CANTONS 503
they took effect.1 But the assembled ambassadors were
empowered to take all necessary measures for the external
and internal safety of the League of Cantons, and thus
obtained more of the character of an authorised common
government than any meetings of ambassadors had as yet
enjoyed.2
In 1830, 1831 all the town cantons except Freiburg took
new constitutions, which established in them representative
assemblies, elected by all the inhabitants, The cantons,
townsmen and country-folk alike. These new i8i4-i884.
constitutions were resented in some cantons by the old
privileged orders, and in three cantons civil war ensued.
The new representative assembly in the canton of Aargau
suppressed monasteries, and gradually those cantons which
disliked this innovation and all innovations took alarm.
In 1845 seven of these cantons formed an armed Separate
League, a Sonderbund. They had only a fifth of the Swiss
population, but they hoped for foreign aid, which might
enable them to overpower the remaining fifteen cantons.
Austria wished to help the Sonderbund, and to crush the
other Swiss : France and Prussia were half inclined to do the
like, if it cost them nothing and brought them gain. Palmer-
ston, Foreign Minister in England, outwitted Austria, France,
and Prussia, and there was no foreign intervention.3 By
November 1847 the fifteen cantons had overpowered the
Sonderbund by force of arms : they saw that a compact of
junction of all the cantons was needed, and their ambassadors
appointed 4 a committee to propose the terms of such a
1 Gamb. Mod. Hist., 11. 243.
2 Compact of 1815, Bundesvertrag, art. 8, last clause : see Oechsli,
Quellenbuch, 489. This last clause in art. 8 was noticed in 1848 in a very
important document of state as making a marked innovation. Quellenbuch,
p. 524, end of first paragraph.
3 Camb. Mod. Hist., 11. 250, in an excellent chapter by Oechsli.
4 Oechsli, Quellenbuch, p. 523. Heading 233.
504 UNION OF CANTONS [chap. xxv.
compact. In the spring of 1848 the committee was freed
from all fear of foreign intervention by outbreaks of fierce
civil strife in Paris, Vienna, Lombardy, Venice, Holstein,
and Berlin.
The Swiss cantons in 1848 were moved to desire a compact
of junction by much the same reasons as had influenced the
American states in the like direction sixty years
cantons earlier: but in many respects the communities
vriththe m tne cantons were unlike what the communities
American in the American states had been. The American
states
peoples at the time of their junction had none
of them existed more than about a century and a half,
and some were much younger. Eight of the Swiss
cantons could trace their history back to the early Middle
Ages, and three, Uri, Schwyz, and Unterwalden, were living
in 1848 under a form of government older by at least a
thousand years than any other in the civilised world. The
American states were all nearly alike in history, race, language
and religion. Of the Swiss cantons fourteen were purely
Alamannic German in race and language : three cantons and
the halves of three more, being descended from a mixture
of Burgundian Germans with subjects of the Caesars, spoke
French : one canton, Ticino, was Italian in race and language :
one was derived from Rhsetians conquered by Drusus and
Tiberius in the reign of Augustus, and spoke two dialects
derived from Latin called respectively Ladin and Rhaetisch-
Romonsch : and lastly of the whole Swiss population three
fifths were Protestants and the rest Catholics.1 Yet in spite
of all these dissimilarities a junction was brought about
more easily in Switzerland than in America. A Swiss canton
had in area about a twentieth part of the whole area of an
American state in 1787, or a tenth of the settled area, and
it would have been absurd if in Modern Europe communities
1 Erzinger, Schrceizer Katechismus, 11, 12.
chap, xxv.] DESIRED 505
so minute as those in the cantons had tried any longer to
stand alone. The peoples of the cantons had learned to
know one another from experience in many centuries of
hearty friendship or of eager strife, and the men then living
in the cantons had recently gained fresh knowledge of the
mischief that came of disunion.
The proposals for junction drawn up by the committee
can be divided under the same heads as the proposals made
in 1787 by the American convention. These _ „ ,
J Draft of
heads are (1) Powers granted by the cantons compact.
to a new common government, (2) Structure of ea lngs"
the common government, (3) Methods to be adopted in
future revisions of the compact.
Before I state what powers it was proposed that the cantons
should hand over to a new common government, I venture
to express the opinion that the whole of the
powers practically residing in the hands of the nature of the
cantons were very much fewer than those enjoyed P°wers *° ^e
•* . disposed of.
by the American states at the time of their
junction. The American peoples were young, settled on
large areas of virgin soil with infinite possibilities of
entering on new enterprises and experiments: they had
recently waged a war by sea and land with a foreign power,
and they might expect such wars in the future. The peoples
in the Swiss cantons were old, minute, strictly circumscribed :
they had already tried most of the ventures that were
possible for them, they had no access to the sea, and, since
their neutrality was guaranteed by the Powers of Europe,
they could not need to wage any war with a foreign power,
unless their land was invaded by some one who was either
crazy, or desperate, or omnipotent.
The draft prepared by the committee gave to the new
common government the sole right of making war, peace,
and treaties, of imposing customs-duties and tolls, of
506 UNION OF CANTONS [chap. xxv.
coining money, of ensuring uniformity in weights and
measures,1 of making and selling gunpowder, and of
Draft: managing the postal service, and also authorised
powers of the ft to undertake public works and maintain
government roads and bridges, whenever any of these was
and of the 0f common interest to the cantons or to a large
cantonal °
govern- number of the cantons. Though these powers
ments- ceded to the common government were small,
the powers left to the cantonal governments and actually
exercised by them were, for reasons indicated above, smaller
still. The cantons were not likely for the present to use
much more powers than those that in England are entrusted
to a large municipality.
In the structure of the common government the committee
did not keep the legislature and the executive independent
of one another. The legislature was to be in two
Draft : °
structure houses, elected both at once to sit for three
of common yearg Ttje j^^ nouse Nationalrath, the
government. ^
Council of the Nation, was to be elected by all
citizens of all cantons acting as individuals, and in it each
canton had members in proportion to its population : in the
upper house, Standeraih, Council of the Cantons, each canton
had two members, elected in such manner as the cantons
might prefer : each member had a vote of his own, and was
not bound by instructions from his canton.2 The executive,
called Bundesrath, Council of the Federation, consisted of
seven ministers elected by the two houses in common session
to hold office till there was a fresh election of the two houses.
The members of the executive could not be members of
either house, but, as they had a right to be present and to
speak at any meeting of either house and to propose amend -
1 This is the meaning of art. 37, printed in Oechsli, Quellenbuch, p. 531.
See Erzinger, Katechirnius, p. 155.
2 Erzinger, Kalechismiw, 233. Const, of 1848, art. 79. Quellenbuch, 535.
chap, xxv.] PROPOSED 507
raents to motions, they had an influence over legislation that
was unknown to an American President and his ministers : 1
on the other hand, the seven men elected to serve as an
executive ministry or Bundesrath, when once elected, were
independent of the houses, because the houses could not
turn them out of office. A judicial organ was to be part of
the common government, but it was far less important than
in America because it had no authority to decide questions
about the respective powers of the common government and
of the cantonal governments: these questions were to be
solved by the common legislature.2
It was to be in the power of either house of the legislature
or of any fifty thousand qualified citizens to propose that the
compact should be revised, without stating what changes in
form the revision should take. If such a proposal the comPact-
were made and the two houses were not agreed on it, all
citizens were to be asked to vote on the question Shall a
revision be undertaken ? If a simple majority of citizens said
Aye, the existing houses were thereby dissolved, and new
houses were to be elected. Those new houses were to make
a draft of new articles in the compact, and the draft was to
be submitted to a vote of all the citizens of all the cantons.
In all cases drafting of new articles in the constitution could
only be done by the two houses: the constitution expressly
says ' Revision of the constitution is to take place by legis-
lative process.' 3 If the draft was approved by a majority of
all the citizens and by majorities of citizens in a majority of
the cantons, the new articles were to become part of the
compact among the cantons.4
The committee did not settle how the compact which
they had prepared should be ratified. The ambassadors of
1 Const, of 1848, art. 89, in Qitellenbuch, 536.
a Ibid., art. 74, clause 17.
5 Ibid., art. 111. 4 Ibid., articles 111-114.
508 CLOSEK UNION [chap. xxv.
the cantons who had appointed the committee submitted
it to a vote to all the citizens in all the cantons. It was
Ratification accepted by fifteen and a half cantons out of
and character twenty two. The population of the accepting
of the . .... i. i
compact cantons was nearly two millions, of the reject-
ed 1848. jng canons \GSS than three hundred thousand.1
Thus the junction of the Swiss cantons made in 1848 was
emphatically a junction of communities made by com-
munities.
The committee which prepared the articles of the compact
of 1848 laid it down that the objects of the compact were
the assertion of independence towards peoples
Insufficiency r r r
of the 1848 outside, the maintenance of internal peace and
compac . order) the protection of the freedom and rights
of the citizens, and the promotion of their common welfare.2
In dealing with matters internal, they actually and, as it
seems to me, wisely did not attempt to do more than protect
each canton and its inhabitants from such injuries as experi-
ence had shown they might suffer from the action of other
cantons and their inhabitants. But provisions made with
so limited a scope could not suffice for long in an age when
the habits of all civilised men were changing rapidly.
Between 1848 and 1870 the Swiss actually suffered from
the establishment of public gaming tables at Sax, from
a great variety of banknotes issued by twenty five banks
and not always easily redeemable,3 from overworking of
children and factory hands, from improvident destruction
of forests by villagers in the mountains, and from the in-
competence of the cantonal governments to construct and
maintain great public works of general necessity and utility.
In 1874 proposals were made in the two houses of the
common legislature to mend the compact. It was proposed
1 Oechsli, Quellenbuch, 539.
2 Const, of 1848, art. 2. 3 Katechismus, 153.
chap, xxv.] OF CANTONS 509
(1) To forbid public gaming tables absolutely by an article
in the constitution. (2) To empower the common legisla-
ture to embank rivers and torrents, to make laws
about forests and game and fishing and railways amend the°
and telegraphs, to ordain sanitary precautions, comPact,
to regulate hours of labour, medical diplomas,
banknotes, naturalisation, marriage and copyright. (3) To
enable the common judicature to decide between the
common and the cantonal governments both in questions
relating to property and in the far more important disputes
that were sure in the course of time to arise in regard to the
limits of the powers conferred on the common government
by the compact.1
Under the scheme put forward by the two houses in 1874
the powers conceded to the common government were
decidedly larger than those given to the common Referendum,
government in America, and the powers of the l874#
cantons were less than those of the American states : this
was reasonable in view of the minute dimensions of the
Swiss cantons. But the houses foresaw that the citizens in
the cantons, especially in the smaller cantons, would be
alarmed at the large powers that they proposed to give to
the common legislature, and would be likely to reject the
whole scheme unless they were endowed with some new
power of restraining the actions of the common legislature.
In order to allay their alarms they gave them a potent
weapon for killing any law that they thought mischievous.
We have already seen that if the two houses proposed a
change in the compact among the cantons, the proposal
did not take effect unless it were approved by a majority
of citizens and by a majority of cantons. In 1874 the two
houses proposed in the extremely important article 89 of
1 Const, of 1874, 24, 25, 26, 316, 33, 34, 36, 39, 44, 54, 64. Quellenbuch,
648, 555.
510 REFERENDUM [chap. xxv.
their scheme, that henceforth whenever a new law was passed
in the common legislature, any thirty thousand citizens
or any eight cantons might demand that the new law
should be regarded as if it were a change in the compact,
and should not take effect till approved by a majority of
citizens and by a majority of cantons. In connexion with
the proposed popular veto on new laws the word referendum
first became famous. The word is now used both in
Switzerland and in England and probably everywhere as
a name for a plebiscite or popular vote on a law that has
been proposed. The process by which the word got its
meaning is not easy to trace. But it may be observed
that in the time before 1798 when the ambassador of a
canton took a proposition ad referendum he also took it
ad scrutinium, to a decision by votes ; hence it might
easily happen that referendum was thought to be equivalent
to scrutinium or some such word. Ever since 1885
Referendum has meant in Switzerland a process of
voting: for in a Swiss book published in that year I
find a distinction drawn between obligatorisches referendum,
compulsory voting on a project, and facultativ es referendum,
voluntary voting.1 In some cantons every citizen is com-
pelled under penalties to give a vote Aye or No on every
cantonal law that is proposed, and there the referendum
is said to be obligatorisch : on laws proposed by the
legislature common to all the cantons and on changes in
the compact among the cantons, each citizen may vote
or not vote as he thinks fit, and thus in those cases the
referendum is facultative.
The new compact proposed in 1874 was ratified by the
citizens and the cantons. It gave the common legislature
very large powers, but restrained it from ill considered
law-making by the popular veto, that is, the referendum.
1 Erziuger, Schweizer Kalech., p. 243.
chap, xxv.] POPULAR INITIATIVE 511
The cantonal governments were by no means extinguished,
but they became decidedly less powerful than the common
government. The constitution worked smoothly,
. Effects of
and any foreigner who between 1874 and 1890 the new
chanced to be often in Switzerland, and to read comPact>
1874.
some of the annual reports of the cantonal
governments and to talk with the Swiss in their homes, got
the impression that they lived in a singularly well-governed
country.
In the cantons, or at least in nearly all of them, any
private citizen, if he got enough backers, could propose a
new law for his canton, and had a good chance _
' ° Popular
of seeing it accepted. In Uri, Schwyz, and initiative,
Unterwalden he could do it by simply making 1^)I#
a proposal to his cantonal Landsgemeinde at its yearly
folkmoot: in cantons with elected assemblies a petition
signed by some considerable number of private citizens was
an ' Imperative Petition ' and must receive the attention of
the law-making assembly. About 1890 it was suggested
that a large number of citizens might be allowed to make
an imperative petition proposing to the common legislature
a new law binding on all Swiss citizens. Switzerland was
well suited for making such an experiment, which would in
a unitary nation be extremely hazardous. Nearly all the
Swiss had freehold property in land or houses : employments
and interests were as diverse in different cantons as the
physical surroundings and the climate : there was no organ-
isation of any one class spreading through many cantons: and
the whole of the Swiss were bound over in common prudence
to be of good behaviour for fear of scaring away the foreign
holiday-makers who came by the million in two months of
every year to enjoy their mountains. In 1891 the suggestion
was adopted, and since then any fifty thousand Swiss
citizens can send an imperative suggestion to the common
512 THE SWISS FEDERATION [chap. xxv.
legislature or can themselves draft a new law for submission
to a vote of the citizens and of the cantons. The introduc-
tion of the Popular Initiative has had no striking results :
the only proposal of great importance that arose from it
before 1900, a demand that every Swiss should have a right
to get from his government adequately remunerated employ-
ment, was rejected by a large majority.1 It seems however
possible that in course of time Swiss citizens of different
cantons may by forming combinations to get new laws passed
come to think less of their combinations in separate cantons,
and thus breaking down some of the barriers between
cantons may make the Swiss more like a unitary nation.
The Swiss have never formed two such opposing parties
for public aims or for the private business of getting office
Absence ■* nave Deen regularly present in America, ana
from Swit- their cities are governed with no more corruption
zerland of .... . . _.,
parties and than the cities in a unitary nation. Inere is no
great cities, occasion for two great parties. In America com-
petition between the common government and the govern-
ments of the states gave birth to the two great parties : in
Switzerland, if there is any competition between the central
government at Berne and the cantonal governments, it is
quickly allayed by the arbitration of a referendum. There
are some inconstant political groups in Switzerland, but the
seven ministers who at any one time form the common
executive are chosen not from one group but from all. A
man who has been chosen a minister by one parliament is
usually chosen also by the next, and the work of being
a minister is regarded as a permanent employment: the
salary of a minister is about a tenth part of what it is in
England.2 The Swiss cities are saved from gross corruption
1 See an instructive article by Miss Lilian Tomn (Mrs Knowles), in the
Co-operative Wholesale Societies* Annual for 1900, p. 347.
2 Co-op. Soc. Annual, 1900, p. 340 and note.
chap, xxv.] GENERAL COMMENTS 513
by their conditions. Zurich, the largest of them, had at the
last census in 1910 less than 200,000 inhabitants : all cities
except Urban Basel and Geneva are controlled by cantonal
governments elected largely by country-folk : and all the
cities are most anxious to stand well in the eyes of Europe
because a great part of their earnings consists in payments
made by foreign visitors at their hotels.
Of two voluntary junctions made in the last half century
by communities in Canada and in Australia, it will suffice to
say that the communities which made them were
not entirely independent. Great Britain under- jUnCtionsof
took to defend them against all enemies, and in semi-depend-
m tit . . . ent com-
return was allowed by them to supervise their munitiesare
compacts of junction, and to possess permanently made Wlth
the right of hearing through the Judicial Com-
mittee of its Privy Council appeals on some disputes that
can arise in them from conflicts between their various
systems of laws. Hence the junctions of communities in
Canada and Australia were made and are maintained with
singular ease, and can throw no light on the difficulties
that always attend voluntary junctions of independent
communities.
If we try to get a general view of voluntary junctions of
equal communities, we see that there are three methods by
which communities can agree to act in concert.
„. , . . , . Kinds of
r irst, the communities or their governments can compacts
make a mere alliance. Secondly, the governments amon ? com"
. J ° munities.
can make a compact of junction of governments.
Thirdly the communities can make a compact of junction
of communities. If a mere alliance is made, no common
government is authorised, but something like a common
government may arise spontaneously. If there is a compact
for junction of governments made by governments, there is
nominally at least a common government, but it has no
2k
514 GENERAL [chap. xxv.
power to compel the obedience of any individual in any-
particular. If there is a compact for junction of com-
munities made by communities, there is a common govern-
ment endowed with power to issue binding commands on
some important and well denned matters to all citizens in
the communities that make the junction.
Thus far our survey of voluntary junctions of equal com-
munities only gives us a classification of compacts, exhibiting
the differences of their legal characters and the
politic made various legal obligations which they impose on
by compact ^q contracting parties. It does not give us, as
have only a
legal not a our view of bodies politic descended from com-
naturig pulsory junctions of tribes gave us, types of bodies
politic looking like the types that occur in a
classification of natural objects : still less does it give us those
types occurring in pedigrees in a regular order. There is, so
far as I can judge from the small number of instances of
voluntary compacts among communities that have produced
permanent groupings of communities, no regularity in the
characters of the groups of men that result from such
compacts. And reasons why no regularity can be expected
are easily discovered. Peoples do not make compacts to bind
them permanently till they are much older, more compact,
and more set in a definite form than the tribes that make
conquests at random : and the diversity of forms that may
exist in peoples that make compacts is unlimited. Besides
this the terms of any compact may assume any of the forms
that human ingenuity can invent. If the compact is a mere
alliance, alliances are not all alike in their stipulations : the
Swiss cantons had one form of alliance in 1291, another in
1370 contained in the Pfaffenbrief, yet another in 1393 after
the battle of Sempach. Compacts for junctions of govern-
ments or of communities could probably vary no less than
alliances. There is little similarity between the compacts
chap, xxv.] COMMENTS 515
for junction of governments made by the Dutch provinces in
1579 and by the American states in 1777, nor between the
compacts for junction of communities made by the cities of
the Achaean League, by the American states in 1789, and
by the Swiss in 1848 and again twenty-six years later. And,
as there is no regularity in the forms of compacts, there is
none or very little in the forms of the bodies politic that
result from them. We can make a classification of compacts
according to their legal characters: but any classification
that we may make of bodies politic resulting from compacts
will have but few of the merits that belong to a classification
of natural objects.
Although we cannot make any classification of bodies
politic descended from voluntary junctions of equal com-
munities that will have the utility that is found Permanent
in all sound classifications of natural obiects, yet alliancesand
voluntary
a table in which those bodies politic are arranged junctions of
according to their legal characters will give a "jjjjjjv^
compendious view of the results of the present arranged
chapter. Such a table is therefore here inserted, thefriegai °
It will include permanent alliances of equal characters,
communities, because, though an alliance does not immedi-
ately establish any body politic, it may in the course of
centuries by a natural and unconscious process generate a
body politic : but it will not take any notice of the Achaean
League because the existing records that tell us about that
League do not suffice to elucidate its origination and its
character.
516
TABULAR VIEW
[chap. XXV
PERMANENT ALLIANCES AND VOLUNTARY JUNC-
TIONS OF EQUAL COMMUNITIES, AND BODIES
POLITIC RESULTING FROM THEM.
Kinds of Compacts and kinds Governments,
of resulting Bodies
Politic.
Period 1. — [(1) Permanent No common government.
alliance in Switzerland, 1291-
1481.
For many generations no body
politic is formed.]
Period 2. — Composite body
politic formed by useful
usurpation on the part of
ambassadors (as in Switzer-
land in 1481 A.D.).
(2) Junction of governments
made by governments (as in
the Dutch Netherlands in
1579 and in America in 1781).
Bodies politic so composite that
they scarcely hold together.
(3) Junctions of communities
made by communities (as in
America in 1789, and in
Switzerland in 1848 and
1874).
Bodies politic, composite but
holding together.
Each generation more nearly
united than the one before it.
Many governments.
Governments of separate com-
munities strong.
Common government— ambassa-
dors acting as a council.
Many governments.
Governments of individual com-
munities strong.
Weak common government not
endowed with any power to
control individuals.
Many co-ordinate governments.
The common government, hav-
ing power to command indi-
viduals, is stronger than any
of the other governments.
The power of the common
government increases with
time, and the power of the
othergovernments diminishes.
CHAPTER XXVI
VOLUNTARY JUNCTIONS OF UNEQUAL BODIES POLITIC
Voluntary junctions of unequal bodies politic have
occurred only in the two centuries most recently elapsed.
Till 1530 junctions of peoples were made by compulsion.
Since that time compulsory junctions of peoples have
become more difficult for those who desired them, and
have not been desired by some who had sufficient force
to make them. Hence it has come about that when a
junction of unequal bodies politic is needed anywhere in
western or north western Europe it is usually effected Avith
the assent either of all persons comprised in the bodies
politic or of governments deemed at the time of the junction
to be qualified to express the wishes of the persons
comprised in the bodies politic. But all this needs
some further explanation.
Before 1530 the sovereigns who made conquests were
rulers of composite bodies politic, such as the kings of
England in the fourteenth and fifteenth centuries, Since IS30
and from 1481 onward the kings of France and compulsory
Spain. As none of them had known the happi- have been
ness of ruling a united people, they did not care impeded.
if their dominions became more composite than they were,
and they recklessly annexed alien subjects. After 1530 the
rulers of France, Spain, Austria still lusted after conquests,
but till 1595 they were too much plagued with strife about
creeds to attempt external enterprises. By 1595, when
theological dissensions became less acute, they found that
617
518 MODEEN JUNCTIONS [chap. xxvi.
the doctrine that there ought to be a Balance of Power in
Europe had taken hold on the minds of the rulers of
England, France, the Dutch Netherlands, and the princip-
alities in northern Germany. In 1609, on the death of a
duke of Cleves without direct heir, action founded on the
doctrine of the Balance baulked the desire of an Austrian
Habsburg sovereign to get the duchies of Jiilich, Berg,
Cleve, and Mark : in the Thirty Years' War action founded
on the same doctrine severely punished the larger predatory
enterprises of a later Austrian sovereign : and since the end
of the Thirty Years' War the doctrine of the Balance has
put a check on all robbers in western Europe except the
singularly daring aggressors Louis the Fourteenth, the
French Republicans, and Napoleon. Louis between 1667
and 1681, while the interests of the English were being
betrayed by their King Charles the Second, took French
Flanders and Franche Comte by force from Spain, and the
greater part of Elsass by a mixture of fraud and force from
many small German princes and from the bishop and
citizens of Strassburg : and though he was defeated in two
wars by the powers of Europe, he was permitted at the
treaties of Ryswick in 1697 and of Utrecht in 1713 to keep
these small gains. The French Republicans and Napoleon
made incomparably larger conquests of many unhealthy
bodies politic : but within twenty years two of the conquered
peoples, the Spaniards and the Prussians, after resolute and
admirable strugglings became convalescent, and were aided
by the vigorous peoples of England and Russia. In 1814
all the work done by the French Republicans and Napoleon
in effecting compulsory junctions of bodies politic, except
some done in Germany in 1803, was undone, and in the
end it had very little direct result in producing new and
permanent junctions of peoples.
But there is also another reason why compulsory junctions
chap, xxvl] • OF PEOPLES 519
of bodies politic have become rare. No unitary nation, if
it is wise, desires to join any alien civilised people to
itself. Its health and strength arise from its compulsory
being all one community. If it joins an alien junctions not
civilised people to itself it will be no longer one unitary
community filling the whole of a body politic nations-
but only a part, though it may be a predominant part,
in a composite body politic. If a junction must take
place it desires that the body politic made by the junction
may be as little painfully composite as possible: and it
has better chances of attaining that desire if the junction
is made with the consent of all the parties to it than
if it is made by force. Since 1589 the English have been
a unitary nation: since 1833 the more important peoples
of western and north western Europe have been unitary
nations or have had many of the instincts felt by unitary
nations. As the peoples in Europe have approximated to
the character of unitary nations they have felt a growing
aversion to the thought of making junctions by compulsion.
Hence in northern and north western Europe, where unitary
nations have since about 1833 predominated, compulsory
junctions have gone out of fashion, and when junctions
have been needed for the welfare of peoples, attempts
have been made to obtain for them the consent either
of the peoples to be joined together or of governments
which could at least pretend to speak for them.
Even in the last two centuries junctions have been needed
for the welfare of peoples. Within those centuries there
have existed in divers parts of western Europe junctions
collections of men either unprovided with any effected since
tolerably good government or so small that they
could not be safe in isolation. Such unlucky gatherings of
men were found in Scotland, Ireland, and in large parts of
Italy and Germany. All of them were relieved of their
520 THE SCOTS [chap. xxvi.
difficulties by junction with a unitary nation near at hand.
In Italy and Germany the junctions were made with the
voluntary and deliberate assent of all parties concerned : in
Scotland and in Ireland it may be doubted whether the
men who gave assent to the junctions were qualified to
express the wishes of all their countrymen and of their
descendants in perpetuity.
The junction of the Scots with the English has already
been incidentally mentioned, but some aspects of it yet
remain to be noticed. In 1702, when the
Junction of. . -i • i <•
the Scots junction was first debated, fully two thirds of
w^th!;h*! the Scots were mainly of English race and
differed little from the inhabitants of the
northern English counties. These Angles in Scotland
owned nearly all the small wealth in the country, but
even they were not united. The scanty and scattered
Gaelic clansmen desired no community of government
with the Southrons: each clan wished to obey its own
chieftain and none other. Hence when the Southron
members of the Scots Parliament in 1707 gave their
assent to the junction they certainly had little right to
speak for all Scots then living, still less to speak for
all Scots who might live hereafter. In 1715 the Highland
clansmen repudiated the assent that had been given to
the junction with England: in 1745 the clansmen and
the Southrons did the like, and marched together as far
as Derby in the hope of sending the King of England
back to Hanover, and setting a Scottish Stuart in his
place. Yet the Scots, after they had been defeated by
the English at Culloden, gradually perceived, even though
the English governments cared but little for their welfare,
that they gained very largely in prosperity through their
junction with the English. By 1807, when union of
Scotland with England had subsisted a hundred years,
chap, xxvi.] THE IRISH 521
the English began to hope that in about two generations
there might be a people of Scots reconciled with their
neighbours to the south of them. Their hopes came
true sooner than then seemed likely, and since about 1830
the Scots are no less resolute than the English in advancing
the interests of Great Britain.
In Ireland in 1798 there was less semblance of a body
politic than there had been in Scotland a century earlier.
The settlements in the six north eastern counties
of Ulster, all planted at once in the reign of the Irish
James the First, formed a tolerably united wl*hGreat
. Britain.
community : the inhabitants of the middle, the
west, and the south of the island were little groups of
tenants arranged in Baronies and Half Baronies, and paying
rent to English landlords of whom the greater part were
non-resident. In 1800, when the civil war in Ireland had
been quelled, it might probably have been best for the
Irish if Cornwallis, the commander under the British
government, had been provided with an army strong
enough to keep control over the English and the Irish
factions in Ireland, and if no locality in Ireland had
been allowed to elect a member of any parliament either
in Ireland or in England, till its inhabitants had shown
that in elections they would not submit to dictation from
any one. But soldiers were grievously needed for service
on the continent of Europe, and Pitt took the easier
course of buying the votes of the Englishmen who sat as
Peers in the Irish Parliament and the influence of the
boroughmongers who nominated the Irish House of
Commons, and then allowing the two houses of the
Irish Parliament to pretend that they assented on behalf
of the disunited Irish, who being disunited had no will
of their own, to a junction with Great Britain. After
1832, when great numbers of Irishmen took part in
522 THE IRISH [chap. xxvi.
elections of members of the United Parliament of Great
Britain and Ireland, some members who sat for consti-
tuencies in Ireland began under the lead of Daniel
O'Connell to repudiate the contract of junction said to
have been made a generation earlier, exactly as the Scots
in the eighteenth century had repudiated the junction
said to have been made by their fathers: but the Irish
did not imitate the Scots in attempting rebellion to acquire
independence. From 1867 onward the Cabinets and
Parliaments of the Kingdom of Great Britain and
Ireland paid constant attention to the welfare of the
Irish. By 1906 they had pledged British credit on several
occasions in large amounts, and had thereby established
a large class of landowning farmers and peasants throughout
Ireland. As the Irish by that time enjoyed far greater
prosperity than any of their forefathers, there was reason
to hope that a generation of Irishmen soon to come might
be convinced that their junction with Great Britain brought
them advantages which they could not otherwise obtain.
But in 1886, 1895, 1912, 1913, proposals were made in
the Parliament at Westminster to abandon the policy of
maintaining a common government for Great Britain and
Ireland. The first proposal was rejected by the Commons,
and the second by the Lords : what has happened to the
second and third cannot be stated briefly, because since 1911
such words as Parliament, Minister, Government have lost
their old meanings for Great Britain and Ireland, and
can no longer be employed without ambiguity or difficult
discussions to discover what they may imply.1
Italy from 1850 to 1858 was the abode of nine bodies
politic. The most important though not the largest of them
lived in Pie'mont and the Genoese territory, and had Victor
Emmanuel for its king. Much larger than Piemont and
1 Written in February 1914.
chap, xxvi.] ITALY 523
Genoa were Lombardy with Venetia ruled by the Emperor
of Austria, the States of the Church, the kingdom of
Naples : of smaller size were the Grand Duchy of
Tuscany, and the Duchies of Parma, Modena, 1858:' (i)
Carrara, and Lucca. The Piemontese, as we Pi6mont
and Genoa.
have already seen, had been for two centuries a
united people. Till 1848 their rulers had been despots, but
native despots, usually respecting their subjects and respected
by them. The Genoese had been annexed to the Piemontese
in 1814 by the Congress of Vienna. In 1848 the united
people of Piemont and Genoa had received from their king
Carlo Alberto a constitution which gave them ministers and
a parliament. They maintained a small but vigorous native
army which fought with desperate valour but with ill
success in 1849 as defender of the Italian peoples against
the Austrians. When the war of 1849 ended in their
disastrous defeat at Novara, their honest king Victor
Emmanuel let them keep their constitution, though the
Austrians offered him favours if he would abolish it. In
1854 they raised a new army in the place of that which they
had lost, were admitted to alliance with the French and the
English in their war against the Russians, and learned with
pride that their army had earned distinction at the battle of
the Tchernaya. In 1858 they had a better army than ever
before, and they trusted their ruler Victor Emmanuel and
his wise adviser Cavour.
All peoples in Italy except the inhabitants of Piemont
and Genoa were helpless. Tuscany indeed was decently
governed by an Austrian prince, but he was a
foreigner and not beloved. Lombardy and ^58 • (2) the
Venetia were under the heavy hand of the other Italian
peoples.
government at Vienna: Naples, Parma, and
Modena were under despots, detested by all their subjects
except a few whom they had corrupted : in the States of
524 LOUIS NAPOLEON [chap. xxvi.
the Church Pope Pius the Ninth had been till 1849
merciful, but since then unkind : Carrara, appended by
marriage to Modena, and Lucca were too insignificant to
call for further notice. All the despots in Italy were upheld
by Austria, and the chief aim of nearly all intelligent
Italians was to expel the Austrians from Lombardy and
Venetia, and afterwards to found in some form an Italian
nation.
Louis Napoleon, Emperor of the French, knew that his
subjects in France had permitted him in 1851 to seize
absolute power over them only in the hope that
Napoleon he might do something Napoleonic in getting
^j.^6 them glory and gain : and he knew also that if
peoples, their hope were disappointed his reign would
end. Hence he habitually sought whom he
might attack. In 1858 the Austrians in Italy were
more vulnerable than any other Europeans, because all
civilised peoples looked on their harsh government there
with dislike. Thus an attack on them could yield glory to
the French : but it could not directly yield gain, because the
Austrians had nothing that the French cared to acquire.
But Piemont, the resolute enemy of the Austrians, had
Savoy and Nice, both valuable to the French. Louis
Napoleon in July 1858 contrived to obtain prospects of
gain as well as glory. Meeting Cavour the Piemontese
statesman at Plombieres, a place with a water-cure near
Epinal and the Vosges mountains, he made with him some
bargain which was not written down, and therefore cannot
be precisely defined : mention was made in it undoubtedly
of Savoy, and possibly also of Nice. In consequence of the
bargain France and Piemont acted together as allies in
1859 in a war against Austria. As the Austrians were beaten
in several battles, of which Magenta and Solferino were the
most conspicuous, all the peoples in Italy between the Po
chap, xxvi.] AND THE ITALIANS 525
and Rome declared in favour of the Pieinontese, and
frightened away the despots who had been ruling them.
Their action was likely to make a strong and united north
Italian kingdom. Louis Napoleon desired not that the
Italians should be strong but that they should be dependent
on his favour. Accordingly on July 6, 1859, without the
knowledge of his ally Victor Emmanuel, he made peace at
Villafranca with the Emperor of Austria, taking from him
only Lombardy which he promised to cede to Victor
Emmanuel, and agreeing that the Austrians should keep
Venetia, and might if they could re-establish the petty
despots in central Italy.
At the preliminaries of Villafranca Louis Napoleon smote
his ally Victor Emmanuel a foul stab in the back. The
Piemontese were for a moment dismayed : voluntary
Cavour resigned office and went to Switzerland, junction of
But the peoples of central Italy acted for them- peoples,
selves by voting either in plebiscites or in hastily l859-6i.
made parliaments that they would come under the govern-
ment of Victor Emmanuel. Sicily and Naples were freed
from their Bourbon despot by Garibaldi and his volunteers
with the countenance of a Piemontese army, led by Victor
Emmanuel in person, and they also willingly joined in the
Italian kingdom. Between 1859 and 1861 Victor Emmanuel
received the allegiance of all the Italian peoples except the
Venetians and the inhabitants of a small district around
Rome : he had to surrender to Louis Napoleon only Savoy
and Nice which are geographically outside Italy. In 1866,
when the Austrians had been defeated by the peoples of
northern Germany at Sadowa, the Venetians became free,
and by plebiscite voted their inclusion in the kingdom of
Italy, and lastly in 1870 when Louis Napoleon had been
defeated by the Germans and had abdicated, there was no
French garrison in the reduced States of the Church to
526 THE JUNCTION [chap. xxvi.
support the despotic government of the Pope, and Victor
Emmanuel reigned in Rome as constitutional sovereign of
all the Italians.
The junction of the Italian peoples, though perfectly
voluntary, was conspicuously a junction of unequals.
Piemont alone was healthy and strong, with a
Junction of ., , _ . . . . 1
the Italian well-loved king, a vigorous native army, a good
peoples: government, a wise statesman, and a satisfactory
comments. . *
constitution. The other peoples, when they had
frightened away their despots, were without rulers, without
armies, without strength. If they had had established
governments they might have said that though they would
join with Piemont in founding a new common govern-
ment for defence against the Austrians their established
governments must retain a good part of their powers:
as they had no governments or only governments of
yesterday, no course lay open to them except to ask to
become subjects of the Piemontese king, who would hence-
forth be the Italian king, and to share in the enjoyment of
the good methods of government which the Piemontese
had brought into being. Thus the character of the govern-
ment under which the Italian peoples were to live when
joined together was settled solely by the Piemontese, the
strongest of the peoples, and by Victor Emmanuel the
Piemontese king. The Piemontese and their king offered
their own form of government and the other peoples
accepted it. The results of the junction have been satis-
factory. It cannot be said that all the Italians at once
formed a united people. Brigands in the parts that had
been misgoverned from Naples could not be easily reduced
to order. Ministers ruling in Italy thought it necessary to
create a huge privileged order of petty servants of the
government who did little to earn their paltry salaries
except vote and get votes for the ministers : consequently
chap, xxvi.] OF THE ITALIAN PEOPLES 527
till recently the expenditure usually exceeded the revenue.
Since however the Italians finished their successful war
against the Turks in Tripoli and Cyrenaica there has been
a marked improvement, and recently it was announced
to the surprise of every one that the Italian Minister of
Finance had ended a year with a surplus of revenue over
expenditure.
In Germany, on the death in 1250 of the Kaiser Frederic
the Second, the many dukes and princes became independ-
ent. In 1273 the seven electors chose Rudolf of _. _
The German
Habsburg to the title of Kaiser, and from thence- peoples,
forward till 1493 they chose Kaisers from any I2S°"I493.
of the German princely families at pleasure. Whether
during the period from 1273 to 1493 there was any trace of
a common government for all the Germans it is hard to
decide. Certainly a prince who allowed himself to be named
Kaiser often found himself weaker after his election than he
had been before: but there was a useful tradition that if
any prince made an outrageous war against a neighbour he
would have to fight with the Kaiser and with some of the
strongest sovereigns in the diet or assembly of princes. As
the diets and the Kaisers thus maintained a rude Balance
of Power, reckless wars were unusual. The princes had
more security than they would have had without diets and
without Kaisers, and each of them, with a Landtag for his
own dominions to grant him taxes, could rule quietly over a
fairly united community.
After 1493 it became a settled practice that only Austrian
Habsburgs should be chosen as Kaisers, and then changes
set in. Maximilian, King of the Romans and _. G
Kaiser designate, tried with little success to peoples,
make a common government for all the German I493"l642-
peoples. His grandson Charles the Fifth, whom I have
hitherto called Charles of Habsburg, took advaDtage of the
528 PRUSSIA [chap. xxvi.
immense resources of his inherited dominions, and of the
strife among rival theological creeds, to usurp for a few years
uncontrolled authority over the princes: during their
defence against him and their contests waged on behalf of
their creeds the princes with the assent of their subjects
took despotic power, and Landtage ceased to meet, or became
impotent. Between 1618 and 1637 a later Habsburg,
Ferdinand the Second, tried to become master of all the
princes, mainly by the atrocious method of hiring soldiers
of fortune and encouraging them to enrich themselves by
plundering and murdering his opponents : but in his days
and in the days of his son Ferdinand the Third the attempt
was defeated by the princes with the aid of the Swedes and
the French. When peace was made in 1648 at Minister
and Osnabrtick in Westphalia, all the princes became
independent : it was said that a diet continued to exist, but
it was only a congress of ambassadors, sitting from 1673 in
permanence at Regensburg on the Danube, in which every
ambassador was strictly bound by the instructions he had
received from the prince who employed him.
Though the peoples of Germany and their princes became
independent at the treaties of Westphalia, they and their
_. . , descendants for the next century and a half were
The rise of *
Prussia, miserably weakened by the devastations and
1648-1814. sufferings brought on them by Ferdinand the
Second of Austria. The least exhausted were the Branden-
burgers. Between 1648 and 1688 under their Great Elector
they annexed several peoples as large as themselves, and
between 1740 and 1762 their king Frederick the Great
succeeded in wresting Silesia from Austria.1 But after 1762
Prussia and Austria still stood facing one another as jealous
rivals nearly equal in power, and therefore there could be no
thought of setting up a common government for the three
1 See pp. 434, 435.
chap, xxvi.] AND THE LESSEE GERMAN PEOPLES 529
or four hundred separate peoples in Germany. The most
intelligent of the Germans, being precluded from all political
activity, betook themselves to thinking, and, by founding a
literature and schools of metaphysical philosophy common
to all Germans, did more to ensure the eventual junction of
the German peoples than any of the princes under whom
they lived.1 Between 1801 and 1807 Napoleon Buonaparte,
first as consul and afterwards as emperor, got a mastery over
all the Germans. In 1803 he extinguished a great multitude
of the most minute principalities both ecclesiastical and
secular, and annexed them to neighbours. In 1806 he
formed the Confederation of the Rhine. After 1807 the
people of Brandenburg-Prussia incurred his especial hatred
because they loved one another and were ready to die for
their common weal: but though they were treated with
exceptional severity, they would not be daunted, and from
1812 onward they did far more than any other German
people towards breaking the power of the general oppressor.2
After 1814 it became manifest that, if ever the German
peoples set up a common government, they must do it
under the leadership of the Prussians or of a Prussian king.
Ever since the sixteenth century the German peoples had
been glad to have despotic rulers to protect them. Hence
it followed that in 1814 the peoples had no Germany,
capacity of acting for themselves, and they i8i4-i848-
could not complain because their relations to each other
were settled for them by their princes and by the Powers
of Europe in Congress at Vienna. Stein the great German
statesman and patriot had long desired that there might be
an effective common government for all the Germans both
to secure them against attack from outside, and to prevent
the lesser despots from being oppressors. But Austria,
1 Ernest Denis, La Fondation de P Empire Allemand, p. 3.
2 Seeley, Life and Times of Stein.
2l
530 UNION DESIRED [chap. xxvi.
guided by Metternich, and the German despots generally,
desired to have as little as possible of common government,
and they prevailed with the Congress to let them have only
a Deutscher Bund, a German League, with no common
organ beyond a powerless congress of ambassadors strictly
bound by instructions from their princes. In this congress,
which sat at Frankfurt on the Main, Austria had the
presidency and the chief influence, and Metternich, the
chief minister of Austria, set himself resolutely to oppose
all innovations and attempts at improvement, all of which
he deemed revolutionary. But as the doctrine of the
Balance of Power held sway in Europe, and there were no
more wars for getting territory, the petty despots were no
longer needed for the safety of their subjects. The German
peoples began to come to life, and between 1814 and 1848
the rulers of Bavaria, Baden, Wurtemberg, the two Hesses,
Hanover and Saxony, found it convenient to permit their
peoples to elect parliaments, which, though they had little
authority, were at any rate free to deliberate. Between
1818 and 1834 the governments of three quarters of the
Germans joined in a Zollverein, or union for customs duties.
About the same time railways were made in Germany, and
the German peoples saw how much had been gained by the
abolition of customs houses at every internal frontier, and
how much more gain of the same sort would accrue to
them if their princes would agree to set up a common
government.1
At the end of February 1848 the Parisians with great ease
expelled their king, Louis Philippe. In imitation of their
enterprise discontented peoples everywhere in Europe began
insurrections to constrain their rulers. The Prussians, who
1 For the Congress of Vienna see Scholl, Histoire abregde des Traitts dt
Paix, ch. 41, sect. 5 ; Gervinus, Geschichte des Neunzehnten Jahrhunderts,
vol. 1. For the history 1814-1848 Ernest Denis, La Fondation de V Empire
Allematid, Introduction, and Fyfle, Modern Europe, ch. 12.
chap, xxvi.] BY THE GERMAN PEOPLES 531
occupied fully half of Germany that was not Austrian, in
March 1848 drove their king to promise a parliament and a
constitution. The Austrians of Austria proper .
r r Insurrections,
did the like at Vienna. The German peoples Feb.-june
desired to have a parliament common to all of : 4 '
them in the hope that such a parliament would devise
some compact in which the peoples could join together,
and would exercise some control over the kings of the
several German peoples : the kingly governments in
Germany, being cowed by the insurrections in Berlin
and Vienna, permitted the parliament to be elected, and
in May 1848 it met at Frankfurt. The Austrian govern-
ment was crippled by rebellions in Lombardy and in
Bohemia, and till June 1848 the peoples seemed strong
enough to exact and obtain all that they could desire.
But in June 1848 the Austrians overpowered the
Bohemians at Prague, and by March 1849 had crushed
the Lombards and their Piemontese allies at small results
Novara. In March 1849 the Frankfurt parlia- ?fthe
_~ , insurrections,
ment of all the Germans proposed that the June 1848-
German peoples should join together, and have l85°*
a compact or constitution which gave only limited powers
to kings: and they offered to give the king of Prussia a
hegemony or leadership of the German peoples if he
would accept their constitution. The Prussian king,
acting under pressure from Austria, declined the offer,
and in June 1848 by forbidding any deputies from his
dominions to attend at Frankfurt brought about the
dispersion of the common parliament: but nearly at the
same time he tried to join the German peoples under
his hegemony with such a constitution as he liked.
Meanwhile the Austrian government had to fight against
a rebellion of the Hungarians, who under Kossuth claimed
to be independent : it called in the aid of a Russian army
532 BISMARCK [chap. xxvi.
and by August 1849 was master of all its rebels. From
that time for ten years Austria was the strong state in
central Europe. In 1850 at a convention signed at Olmiitz
in Moravia it compelled the king of Prussia formally to
undertake not to attempt to make a junction of German
peoples under his hegemony : the Germans thereupon went
back to the condition of a Deutscher Bund as established
by the Congress of Vienna. Nothing resulted in Germany
from the risings of 1848 except the establishment for
Prussia of a parliament, which having little experience
had little influence. But in 1851 Otto von Bismarck,
belonging to an old noble family which had taken its
origin in Brandenburg but had migrated to a country seat
near Stettin in Prussian Pomerania, having already made
his mark in a parliament at Berlin, was appointed at
thirty six years of age to be Prussian ambassador at the
congress of German ambassadors at Frankfurt. In that
post he remained till 1857 and employed himself in
studying the relations among the German princes and
in meditating how those relations could be modified to
the advantage of Prussia.1
In 1859 Austria was weakened by the defeats inflicted on
it at Magenta and Solferino by Louis Napoleon and the
Piemontese. The ruler of Prussia was Prince
Minister Wilhelm, regent from 1857 for his incapable
President of brother, and from January 1861 king in his own
Prussia, 1862. . .
right. Wilhelm saw that now in the weakness
of Austria he had an opportunity of tearing up the
humiliating convention of Olmiitz, and that if he did not
exert himself promptly he might in a few years have to
defend Prussia against France and Austria acting in concert
as aggressors. Hence in 1860 he asked the Prussian
parliament for a stronger army. The parliament gave him
1 VySe, Modern Europe, ch. 20 ; .7. W. Headlam, Bixmarck, ch. 5.
chap, xxvi.] BISMARCK 533
nothing, and in September 1862 Wilhelm in defiance of
the parliament appointed Bismarck as his Minister President
and Minister for Foreign Affairs.1
When Bismarck took office as minister, he had already
foreseen that Prussia would never be strong till it had
expelled Austria from the congress of German
ambassadors, and that it would have to fight between
Austria and might need to fight Louis Napoleon Prussia and
mi p « • i Austria, 1866.
afterwards. Therefore Prussia must have a
strong army. The Prussian parliament still refused to
sanction expenditure on more soldiers: Bismarck rudely
violated the Prussian constitution of 1850 and spent the
revenue as he liked. In 1864 public excitement in
Germany compelled him against his desire to fight Denmark
about the duchies of Schleswig and Holstein: in the war
he cleverly managed that his sole co-adjutor should be
Austria. Prussia and Austria conquered the two duchies,
and then Bismarck disagreed with Austria about the
disposal of them. In 1866 Bismarck on April 9, strongly
desiring that Austria might begin a war against Prussia
which might seem aggressive, gave provocation to the
Austrian government by declaring to the ambassadors of
the German states at Frankfurt that he desired to have
a common government for Germany, and by clearly
indicating that he intended Prussia to have the hegemony.2
Austria on June 11 replied by proposing to the ambassadors
measures in regard to Schleswig and Holstein which Prussia
could not tolerate.3 The Austrian proposal was carried by
nine votes against six, Prussia asserting that the measures
proposed lay outside the powers conceded to the ambassadors
in the Deutscher Bund and refusing to vote. The eight
1 Headlam, Iiiamarck, ch. 6; Fyffe, Modern Europe, p. 914.
2 Text of the declaration in Hahn, Filrst Bismarck, 1. 383-387 ; Cambridge
Mod. TTixt., 11. 449.
3 Hahn, 1. 450.
534 UNION OF THE GERMAN PEOPLES [chap. xxvi.
who voted with Austria were three states to the south of
the Main, and in northern Germany Hanover, Hesse Cassel,
Nassau, Saxony, and a group of minute principalities in
Thuringia of which Reuss is the best known.1 Bismarck
officially informed Hanover, Saxony, and Hesse Cassel
that unless they became allies of Prussia they would be
treated as its enemies.2 Hanover and Hesse Cassel tried
to defend themselves in arms but were forcibly annexed
to Prussia : Saxony sent its army into Bohemia to help the
Austrians who were also aided by forces from three states
south of the Main. On July 3, 1866, Prussia, scarcely aided
by forces from any German state except Mecklenburg
Schwerin, decisively defeated the armies of its enemies
between Koniggratz and Sadowa in Bohemia.
After the victory Bismarck succeeded in hindering Louis
Napoleon from interfering, and then made the German
states to the north of the Main understand that
German ^ was necessary for them to join in a compact
Federation, for setting up a central government for the
1866: large 6 r . 5
powers of management of their common concerns under
the common t]ie hegemony of the king of Prussia: the
government. ° " °
governments consented that some compact should
be made. Bismarck himself on December 22, 1866, drew up
the terms of the compact.3 Prussia, whose possessions in
Germany now included Holstein, Hanover, Hesse Cassel,
and Nassau, had fully three quarters of the population
that would be under the common government. Hence
Bismarck gave the common government very large powers,
foreseeing that those powers would in general be wielded
by Prussia. The common government was to have all the
powers possessed by the federal government in America
and others of wide scope besides. It was to define and
1 Hahn, 1. 452. 2 Ibid., 1. 458-461.
s Headlam, Bismarck, 292.
chap, xxvi.] EFFECTED 535
enforce the obligations of every German subject in regard
to military service, to make the civil and criminal law,
including all laws relating to meetings and newspapers, to
make war and peace, and lastly to enact any alteration in the
constitution or compact of junction of the states provided
that the alteration was approved (1) by a simple majority
of those voting in the lower house, the Reichstag, which was
elected by the population at large, and (2) by two thirds
of the upper house, the Bundesrath, whose votes were
controlled by the governments of the states that joined
together to set up the common government.1
In planning the structure of the common government
Bismarck was guided by his experience. Between 1851 and
1857, while he was Prussian envoy at Frankfurt, „x
J Structure of
he had found that both the ambassadors assembled the common
there and the governments that employed them &overnment-
knew their own business and faithfully fulfilled their under-
takings : 2 and this was not surprising since in most cases a
lesser German state either was a small unitary nation three
or four centuries old, or at least had a small unitary nation
as its nucleus. Bismarck resolved to take the congress of
ambassadors as it stood and to turn it into a Bundesrath,
an upper house of legislature,3 in which each state in the
federation was to have a certain number of votes, all the
votes of each state being given at a division collectively and
to the same purport.4 For German parliaments his memories
of the Prussian parliament from 1862 to 1866 gave him a
hearty contempt. For the kingly dignity in Prussia he felt
profound veneration. Hence the king of Prussia was to
have the chief power, the Bundesrath to come next, and the
1 Dareste, Constitutions Modernes, 1. 135, 136, 158 n.
2 Headlam, Bismarck, 300, 301.
3 Ibid., 296, 297.
4 Constitution of the German Empire, 1871, art. 6, printed in Dareste,
Constitutions Modernes, 1. 137, 138.
536 THE GERMAN [chap. xxvi.
parliament, the Reichstag, to come third, and far behind the
other two. The king was to declare war or make peace, to
command the armed forces, and to be provided with a
chancellor, the sole minister of the federation.1 The
Bundesrath besides having an equal share with the Reichstag
in making laws was to have large executive powers, ordering
how the laws when passed should be executed, and appoint-
ing committees of its members to supervise departments of
administration.2 The Reichstag was to have no powers
except those which related to taxation and law making.
On February 12, 1867, a parliament of the northern
Germans, called Constituent Parliament, was elected to
The German consider Bismarck's scheme for a compact or
Empire, constitution : it met on February 24 at Berlin,
and by April 17 it had accepted the scheme
without any considerable alteration beyond a provision that
at elections of the Reichstag voting should be secret.3 It
may be doubted whether either the governments which in
the autumn of 1866 consented that some federal compact
should be made, or the parliament which in the next
spring accepted Bismarck's form of federal compact were
perfectly free agents: they could see near at hand the
Prussian army fresh from a decisive victory. But three
years later, in 1870, when the north Germans had to fight
their unavoidable war against Louis Napoleon and the
French, there could be no doubt that they were sincere
acceptants of the scheme of federation : they ratified it with
their blood. While the Germans were winning their
victories in France, the four south German states, Hesse
Darmstadt, Baden, Bavaria, and Wurtemberg, between
November 15 and November 25, asked and obtained
1 Constitution of the German Empire, 1871, articles 11, 15, 17, printed in
Dareste, Constitutions Modernes, 1. 139, 140.
2 Ibid. , articles 7 and 8.
3 Hahn, Fiirst Bismarck, 1. 594-643 ; Headlam, Bismarck, 299.
chap, xxvi.] EMPIRE 537
admission to the federation : in December the Reichstag
voted that the king of Prussia should be emperor : and on
January 18, 1871, the king by proclamation from Versailles
accepted the new title. In April 1871 the constitution was
revised by the Reichstag. Most of the changes made in the
text were merely verbal emendations, necessitated by the
admission of four more states and by the substitution of
emperor for king. One was of more importance. In accord-
ance with agreements made by the Prussian king with the
four south German new comers into the federation, it was
enacted that henceforth no change in the constitution
should be made unless it was approved by a majority in the
Reichstag and by three fourths (instead of two thirds) of
the Bundesrath.1 Under this new provision any group of
states with fifteen votes out of the total of fifty eight in the
Bundesrath could forbid a change in the constitution.
The government of Germany has continued to be what
Bismarck intended it should be. The Emperor and his
Chancellor with the support of the Bundesrath Germany
do almost exactly as they think fit. The Reichs- since l87I>
tag has under the constitution the power to refuse new
taxes : but, as it is divided into many parties, it has never
prevented the imposition of a tax, and has never controlled
administration. The Germans, however, are content to be
governed by Emperor, Chancellor, and Bundesrath, and no
body of citizens in Europe can vie with them in readiness
to make individual sacrifices for their common advantage.
Before we leave those modern junctions of unequals which
are said to be voluntary, we may observe that a junction
said to be voluntary is sometimes not really voluntary,
and then is not a permanent junction at all: it may be
repudiated, but afterwards it may be followed by a real
junction effected by compulsion. This was what happened
1 Dareste, Constitutions Modernes, 1. 158 n.
538 GENERAL [chap. xxvi.
in Scotland, and in a less striking degree in Ireland. The
Union of Scotland with England in 1707 was not ratified by
any body that could speak for all the Scots : it
junctions of was repudiated by later Scots, but its repudiation
Survey *(xl Avas f°ll°wed by a most effectual compulsory
Scotland and junction of the Scots with the English, which in
two or three generations produced a single
community of Great Britain perfectly united in hearts and
aims. In Ireland also the Union of 1801 was not ratified
by any body that could express the common wishes of the
Irish : no such body could have existed, because the Irish
had no common wishes beyond a readiness for internal
strife. The so-called compact of 1801 was not indeed ever
repudiated by rebellion : but Daniel O'Connell and his later
disciples said and say that the Irish with the exception of
north eastern Ulster wish to repudiate the compact. The
people of Great Britain were in fact from the time of
O'Connell onward driven by an instinct of self preservation,
founded on a belief that the Irish could not govern them-
selves without hurting their neighbours, to maintain a
junction of Ireland with Great Britain by compulsion. Till
1906 it was thought by a majority in Great Britain that the
junction of Ireland with Great Britain, though maintained
by compulsion, had produced in the space of two generations
since 1850 almost as excellent results as the compulsory
junction of Scotland with England had produced in the
space of two generations between the battle of Culloden and
the early years of the nineteenth century, and that the
junction ought to be maintained. As I write on March 9,
1914, it seems that the general opinion of the salutary
effects of the junction is unchanged, but owing to circum-
stances with which every one is acquainted, it is impossible
to foresee what will be decided in the Parliament at
Westminster in regard to the future of the Irish.
chap, xxvi.] COMMENTS 539
The junctions of the Italian peoples and of the German
peoples remain as the only examples of voluntary junctions
of unequal bodies politic. Of them I have only (2) Italy and
to remark that both in Italy and in Germany Germany,
the terms of the compacts of junction and the form of the
government after the junction were settled according to
the wishes of the strongest people that took part in the
junction. In Italy the weaker peoples had in 1859 no
governments: the Piedmontese, the strongest people,
decided that Italy should have only one government, and
the Italians should as quickly as possible generate a unitary
nation. In Germany the lesser peoples had gone on without
much change of their structure or government for one or
two centuries longer than the Prussians, who were the
strongest people: for the Prussians had been greatly
altered from the time of the Great Elector onwards by
acquisitions of new subjects and by important legislative
innovations. Hence Bismarck decided that the governments
of the lesser peoples must be allowed to survive, that the
Germans should have not one government but many
governments, and that their junction should have a federal
character : at the same time, however, he contrived that the
common government should be far more powerful than the
common government in any other federation, and should
be mainly under the control of Prussia the preponderant
state in the federation.
We have now considered five ways in which bodies politic
have joined together and formed new bodies politic. The
five ways are these: (1) Compulsory junctions of unlike
bodies politic: (2) Compulsory junctions of tribes effected
by one of the tribes: (3) Compulsory junctions of fiefs
effected by one of the fiefs : (4) Voluntary junctions of
equal communities : (5) Voluntary junctions of unequal
bodies politic. There is yet one more way in which a
540 GENERAL [chap. xxvi.
junction of peoples can be at least attempted: for peoples
may be ordered to join together by states not themselves
parties in the junction. Several junctions of
states peoples were ordaineTl by the Powers of Europe
ordained by assembled at Utrecht in 1713, by Napoleon
other states .
rarely make Buonaparte in 1803, and in 1814 by the Congress
new bodies 0f yienna. But junctions ordained from outside
politic. J
rarely produce new bodies politic: at any rate
they rarely produce bodies politic capable of holding
together and of generating bodies politic that can hold
together. The Powers at Utrecht decreed that the southern
Netherlands and the duchy of Milan should be transferred
from Spain to Austria : but both the southern Netherlands
and Milan remained bodies politic just as much separate
from Austria as they had been from Spain. The Congress
of Vienna tried to join the southern Netherlands to the
Dutch kingdom, and Norway to Sweden: but their
attempted junctions produced little permanent result.
Napoleon Buonaparte in 1803, and in one isolated instance
the Congress of Vienna were more successful: but the
operations in Avhich they succeeded were of minute
dimensions. Buonaparte by influencing the decisions of
the Committee of the German Diet in 1803 effected
permanent junctions of infinitesimal groups of men to
adjoining peoples much like themselves, and the Congress
of Vienna permanently annexed two fifths of Saxony to
the adjoining kingdom of Prussia. These are the only
instances known to me in which an order given from
outside has made a new body politic: and thus the chief
origins of new bodies politic are only junctions effected
either through compulsion or voluntarily by bodies politic
or groups of men who are themselves parties in the
junctions.
I now proceed to sum up the conclusions to which I
chap, xxvi.] COMMENTS 541
have been led in regard to voluntary junctions of unequal
communities. In Italy, where the weaker communities had
no governments of native growth before the _
...... Summary.
junction, those communities after the junction
were mere provinces, and had only such governments as the
supreme government chose to allot to them : the whole was
for one or two generations a composite body politic under
one government: now it seems to be becoming a unitary
nation. In Germany, where the many weaker communities
no less than the one stronger community had governments
of native growth, those communities were able at the
junction to stipulate that after the junction their native
governments should be assured to them by the compact
of junction, and should not be entirely dependent on the
will of the common government of the conjoined com-
munities. Thus after the junction the body politic was
composite with some federal characteristics : the whole
had many governments, in some degree co-ordinate: each
component community had its own native government, and
there was also a common government to attend to the
common interests of all. These facts are here set down in
a table.
542 TABULAR VIEW [chap. Xxvi.
BODIES POLITIC DERIVED FROM VOLUNTARY
JUNCTIONS OF UNEQUAL COMMUNITIES
Bodies Politic. Governments.
(1) In Italy, where the weaker
communities had no govern-
ments of native growth.
(a) For two generations.
Composite bodies politic under King, Cabinet, Parliament,
one government.
(b) Since about 1910.
Unitary nation. King, Cabinet, Parliament.
(2) In Germany, where all the
communities had governments
of native growth.
A federation. Many governments.
One government for each com-
ponent community.
One central government, far
stronger than any of the
governments in the component
communities, for conducting
the common policy of all.
CHAPTER XXVII
PEDIGREES OF BODIES POLITIC
My gallery of sketches now includes representations of all
those bodies politic that the range of my knowledge permits
me to depict. Many subjects have been omitted : among
them the most important are perhaps those that occur in
the histories of Russia, of India under British rule, of Austria-
Hungary, of colonies founded by Europeans, and in the
recent history of Japan. From a superficial acquaintance
with the histories of Russia, of India, and of Japan, I am led
to think that it would be my wish to depict some subjects
that occur in them, if my knowledge sufficed. With the
colonies and with Austria-Hungary the case is different:
they might reasonably be passed over even by a delineator
who knew them thoroughly. Colonial communities with
few exceptions are unlike perfectly independent bodies
politic because they do not conduct their own relations
with foreign powers, and bodies politic in Austria- Hungary
ever since 1527 have had so complicated a structure that
they are not comparable with those of other lands. If
Austro- Hungarian bodies politic were to be depicted at all,
it should not be done till the bodies politic of other countries
had been viewed as a whole, and well comprehended, and
were well remembered.
Now that the work of description is done it will be advan-
tageous to get a bird's eye viewof the objects described. Bodies
politic have already been arranged in their pedigrees, and the
544 GENERAL VIEW [chap, xxvii.
pedigrees have fallen into groups, such that all the pedigrees
that occur in a group are in some measure akin to one
another. In order to get a general view of
Plan of a ... . , . . , . .
general view bodies politic we only need to arrange the
of bodies groups of pedigrees in larger groups. Two of
the groups already recognised are those that
occur in ancient cities and in mediaeval cities. These two
can be put together as bodies politic in cities. All the rest
belong to countries. Thus our two largest divisions of bodies
politic are those of I. Cities, and II. Countries. In the
first division, which contains the urban communities, the
subdivisions are (1) ancient, (2) mediaeval. In the second
division, which belongs to countries, bodies politic are sub-
divided according as they are descended (1) from com-
pulsory junctions of like communities, (2) from compulsory
junctions of unlike bodies politic, (3) from voluntary
junctions of equals, and (4) from voluntary junctions of
unequals.
The statements just made afford a plan of a bird's eye
view : it yet remains for me to remind myself and my
Character of readers what bodies politic and what govern-
the view. ments occur in each part of the plan. In order
to save the view from being confused with details, no more
must be put in than just enough to help the memory.
Where pedigrees run parallel some reminder of the bodies
politic and the governments that occur in one or two stages
of the pedigrees will be inserted. Where a pedigree is
isolated, as occurs in the histories of Sparta, Rome, Venice,
Genoa and France, it will be indicated only by the name of
the place to which it belongs : but everywhere references
will be given to passages in earlier chapters in which the
characters of the pedigrees are specified.
The general view of the pedigrees of bodies politic will
be given, as sectional views have been given already, in a
chap, xxvil] OF BODIES POLITIC 545
tabular form. The table here inserted is a memoria technica
and does not pretend to be a classification of the scientific
kind. A scientific classification is a form for the
. The view
compendious expression of general laws. In iSOniya
the region of political phenomena it may be mem°na
doubted whether any general laws have yet
been discovered, and therefore genuine classification of
things political is for the present impossible.
546
TABULAR
[chap. XXVI I.
A TABLE OF BODIES POLITIC ARRANGED IN
PEDIGREES, AND OF THEIR GOVERNMENTS
Bodies Politic.
Division I. —In Cities.
Subdivision (1). In ancient cities.
Group 1. — In cities with infinit-
esimal territory (Corinth
and about sixty others).
See p. 157.
Purely urban communities.
Group 2. — In cities with some
territory, which was at first
important, but afterwards be-
came insignificant (Argos and
Athens). See pp. 157-159.
(a) Till 468 B.C. (Argos), and
431 B.C. (Athens).
Communities partly urban,
partly rural.
Governments.
Class governments :
(1) Rule of the rich, or
(2) Rule of a usurper, or
(3) Rule of the poor.
Mixed governments.
(b) Purely urban communities. Rule of the poor.
Group 3. — Isolated pedigrees :
In Sparta. See p. 159.
In Rome. See pp. 280, 281.
CHAP. XXVII.]
VIEW
54V
A TABLE OF BODIES POLITIC ARRANGED IN PEDIGREES
AND OF THEIR governments. — Continued.
Bodies Politic.
Subdivision (2). — In mediaeval
cities.
Governments.
Group 1. — In terrestrial cities,
having rural territory, at
first important, afterwards
insignificant (the Lombard
cities, Florence, Bologna).
See pp. 384, 385.
(a) Till the thirteenth century,
communities partly urban,
partly rural.
(b) From the thirteenth century,
purely urban communities.
Mixed governments.
Class governments of
(1) Trade guilds, or
(2) Usurpers.
Group 2. — Isolated pedigrees in
maritime cities :
In Genoa. See p. 408.
In Venice. See pp. 408-9.
548
TABULAE
[chap. XXVII.
A TABLE OF BODIES POLITIC ARRANGED IN PEDIGREES,
AND OF their governments. — Continued.
Bodies Politic.
Division II.— In Countries.
Subdivision (1). — Bodies politic
descended from compulsory
junctions of like communities.
Group 1. — From junctions of
tribes. See pp. 341, 440-1.
Subgroup (a). — From junctions
of many tribes in England,
Castile, Scandinavia.
(a) Till about 1450 a.d.
Composite bodies politic.
(b) From about 1500 a.d.
Almost united communities.
(c) From various dates.
Unitary nations.
Subgroup (b). — Descended from
junctions of few tribes, in
German principalities.
(a) Till 1500 A.D.
Simple communities.
Governments.
King and a rudely made Parlia-
ment : sometimes civil war.
Strong king : Parliament very
weak.
Cabinet, Parliament, dignified
Sovereign.
Prince and Landtag.
(b) Simple communities often
engaged in dangerous wars.
Group 2. — From junctions of
fiefs : an isolated pedigree.
In France. Sec pp. 351, 440-1.
Prince as sole ruler.
CHAP. XXVII.]
VIEW
549
A TABLE OF BODIES POLITIC ARRANGED IN PEDIGREES,
and of their governments. — Continued.
f
Bodies Politic. Governments.
Subdivision (2). — Descended
from compulsory junctions of
unlike bodies politic : Hetero-
geneous Empires. Seep. 329.
Group 1. — Of the Koman type.
Empire of the Caesars, Russia,
India under British rule.
Group 2. — Of the mediaeval
German type.
Austrasian Empire, Saxon
Empire.
Subdivision (3). — Descended
from voluntary junctions of
equals. See p. 516.
Group 1. — From junctions made Many governments.
by governments. Common government weak.
A single man, bureaucratic
civil service, standing army.
A single man, and assembly of
local chieftains.
Group 2. — From junctions made
by communities.
Subdivision (4). — Descended
from voluntary junctions of
unequals. See p. 542.
Isolated instances :
In Italy. See pp. 522-527.
In modern Germany. See
pp. 527-537.
Many governments.
Common government strong.
550 PEDIGEEES [chap, xxvii.
Now that my view of bodies politic has been exhibited, it
may be well to say a few words about the method by which
it was obtained. That method differs from the
Merits and
demerits of one ordinarily employed in taking bodies politic
menTof118^ anc* not states as tne un^s °f political organisa-
bodies politic tion. It is cumbrous, no doubt : but so are most
mpe lgrees. j^^j^g whicn require us to look at things as
they really are, at least till they have been used by many
successive investigators. The method which takes states as
units feels handy when it is first tried, but the views to
which it leads are apt to be hazy, and the habit of using it
has probably led men into erroneous opinions. From re-
garding a state as a single political organisation there is but
a short step to regarding it as one for all purposes: and
from regarding a state as one for all purposes come many
of the worst fallacies put forward by those who speak or
write about political phenomena. There are, for example,
persons who assert and perhaps believe that states wear out
from old age as men do. From any such absurd error we
are protected, if we regard bodies politic as our units : for
we are compelled to see that a state is not an individual
but a family: and the family may go on indefinitely,
if it breeds progeny fitted to survive in the struggle for
existence.
But the assumption that a body politic is the unit of
political organisation has compelled me to use the word
., r pedigree, and under that word some delusions
Meanings of * a '
the word may lurk. The word, I believe, meant originally
pe gree. & crane's foot, a combination of lines used in
the Middle Ages by men who wrote out genealogies : 1 by an
easy metaphor its meaning has been changed, so that it
now denotes any table of descent. It is often used as a
name for a succession of men of one family: it might
1 Skeat, Etymological Dictionary, article 'Pedigree.'
chap, xxvii.] OF BODIES POLITIC 551
denote the succession of forms through which a species of
plants or animals has attained its present character. As
1 have used it to denote a succession of bodies politic, I
wish to point out that a pedigree of bodies politic differs
from a pedigree of human beings, that a body politic differs
from a human being, and that a pedigree of bodies politic
differs from a pedigree of a kind of plants or animals.
Firstly, then, bodies politic in a pedigree do not vary so
suddenly and incomprehensibly as men in a family. In a
family of human beings a son may lose his father petjigrees
before he is born and his mother immediately political con-
after : he may never know the care of kinsfolk, pedigrees
may go away into a foreign land, and may grow of men-
up entirely unlike either of his parents. Among bodies
politic this cannot happen. Each generation must in its
youth live with an older generation, and learn its thoughts,
habits, and traditions: thus in a family of bodies politic
changes of character do not occur spasmodically, but
gradually, and to those who look on from a distance almost
imperceptibly.
Secondly, a body politic differs from a single human being
because it never has only one mind and one will. There
may be rare occasions when the desires of a body Bodies
politic jump together towards one main purpose, politic con-
- . trasted with
but even then each person has his own separate individual
desires. In a single human being there may be men-
conflicting desires, but at any given moment those desires
which are not preponderant are suppressed and incapable
of leading to action. In a body politic it is not so: on
ordinary occasions certain wishes of certain parts of the
population have a preponderance, but in other parts conflict-
ing wishes are present, and are not suppressed but produce
action which may thwart the fulfilment of those wishes
which have the preponderance. What is called the will
552 PEDIGREES [chap, xxvii.
of a people does not exist: what does exist is merely
the resultant of many divergent and some directly opposite
wishes.
Thirdly, a pedigree of bodies politic is unlike a pedigree
of filiated species in at least two respects. For, in the first
Pedigrees place, in a pedigree of species each generation
political con- usually comprises myriads of myriads of in-
trasted with -i . • -■ -i i 1 i • • • i t_ i
pedigrees of dividual plants or animals undistinguisnable
species. from one another : in a pedigree of bodies politic
each generation is only one body politic, and it is likely
that in the whole world there has never existed another just
like it. In the second place, plants and animals in a wild
state breed progeny from generation to generation so like
themselves that from shortly after the death of Linnaeus
in 1778 almost till the appearance in 1859 of Darwin's
Origin of Species many masters in the sciences of botany
and zoology believed that species were for ever immutable.1
With bodies politic variation is not exceptional, but appears
to occur always in the passage from one generation to
another in all peoples that have attained to a civilised
condition. At the present time we see clearly that no
civilised body politic breeds in the next generation a body
exactly like itself: and the evidence of history indicates
that in past times also no body politic sufficiently civilised
to be carefully described by eye-witnesses ever had issue
exactly in its own likeness. The differences between
pedigrees of species and pedigrees of bodies politic may be
summed up by saying that, whereas among plants and
animals every generation contains innumerable specimens
exactly alike, and for periods extending through centuries
wild plants and wild animals breed progeny undistinguisn-
able from themselves, among bodies politic no species
1 Julius von Sachs, History of Botany, translated by H. E. F. Garnsey,
Fellow of Magdalen College, Oxford, 1890, pp. 8-10.
chap, xxvii.] OF BODIES POLITIC 553
contains more than one specimen, and no civilised body
politic has issue exactly in its own image.
To my readers, whether they are students of History or of
Politics, a few words may be addressed at parting. It must
be confessed that what has been laid before them contains
only a minute department of History and nothing that is
ordinarily called Politics. History investigates all that men
have felt, and thought, and done : Politics, as the word is
commonly understood, has for its substance a few pro-
positions deduced from definitions and axioms, deemed to
be so obvious that they need no proof, but it also usually
admits some illustrations from history. In my work all
feelings and thoughts and actions of men are neglected
except those that help to make communities and bodies
politic : to depict individual bodies politic has been my aim.
No reference has been made to any axiom : and definitions
have never been used as premises for conclusions, but only
as short formula? designating things already described. But
there is no reason why what has been said need be useless
to students of either History or Politics. A knowledge of
individual bodies politic is a sound foundation on which
a superstructure of history can be erected i and it may also
serve as a corrective for some of the false notions often
entertained by those who deduce political propositions from
axioms and definitions. At the end of my work I am even
more convinced than before beginning it that in the region
of political phenomena no axiom is universally true, that
no definition can be trusted if it is made before all the
objects which it is intended to cover have been described,
and that if there is ever to be a science of politics the
materials for making it must be collected by observation
and description of recorded phenomena.
INDEX
AcHiEAN League, 148, 469-73.
Antalkidas, peace of, 127.
Areopagus, 56, 75, 91.
Aristotle, his axioms, definitions, and
classification of governments, 148-8.
Argolis, early history of, 48-9.
Argos, 126, 137.
Asia Minor, Greek cities in, 18.
Athens before 490 B.C. See Attica.
Athens and the Athenians after 490 B.C. :
Archons taken by lot, 487 B.C., 74;
consequent decay of the Areopagus,
75 ; one strategus set above the other
nine, 76 ; Athenian navy, 76 ; battle
of Salamis, 78 ; Athenian maritime
hegemony, 477 B.C., 86-9; its op-
pressive character, 92 ; Athenians in
receipt of tribute, 95-118; their tribu-
tary cities, 96-8; Athens (431 B.c-
413 B.C.), its population, condition,
and government, 101-9 ; working of its
government, 429 B.C.-413 B.C., 110-13 ;
Peisander and the Four Hundred, 119-
21; battle of JSgospotami, 123; Athens
after 404 B.C., 136-7.
Athens and Rome compared, 281-2.
Attica, early history of, 49-53 ; Solon's
constitution, 53-8 ; Peisistratus, 58-9 ;
Hippias, 60; invaded by Kleomenes,
63 ; constitution of Kleisthenes, 65-71 ;
battle of Marathon, 74 ; population of,
in 431 B.c, 101.
Augustus, his regulation of the army,
288-9 ; his conquests of territory, 290 ;
his desire that no more territory should
be conquered, 290. See also Octavius.
Austrasian Empire, 322-4.
Balance of Power, 422.
Bodies politic, pedigrees of, 543-53.
also Tabular views.
See
Body Politic, sense in which the term is
used, 1, 4.
Bologna, less unwarlike than Florence
and usually better governed, 876-7.
Bureaucracy, 306.
Cesar, 269-71.
Charlemagne, 322-3.
Cities. See Greek cities, Italian peoples,
Rome, Cities (mediaeval).
Cities (mediaeval). See Bologna, Florence,
Genoa, Milan, Venice. Cities in medi-
aeval Germany, 382-3 ; tabular view of
communities in the inland towns of
mediaeval Italy, 384-5; tabular view
of mediaeval maritime cities with de-
pendencies, 408-9.
Class governments, 46.
Community, meaning of the word, 1.
Composite bodies politic, 351-3.
Constitution, early instances of the use of
the word in England, 446-7.
Constitutions (modern) in Continental
Europe, 454-6.
Demokratia, 46; Aristotelian Demokratia,
143; Demokratia at Athens, 109-13,
118, 121.
Denmark, strong kingly government
established in, 436.
Dikasteria, 97, 108.
Dorians, their great migration, 17 ; their
early political condition, 19.
Dutch Netherlands, their weak federa-
tion, 476-9.
EKKLftsiA at Athens, 105-6.
Empire, history of the word, 309.
Empireof the Caesars: its initial character,
285 ; its provinces, some imperial, some
i senatorial, 288 ; its army under Augus-
665
556
INDEX
tus, 288-9; Tiberius, 291-3; wars to
settle the succession, 294,296-7 ; change
in the composition of the legions, 294-7 ;
tranquillity and stagnation, 70 A.D.-
180 A.D., 297-8; Praetorian Prefects,
299 ; decay of imperial authority, 235
A.D.-283 a.d., 300 ; Diocletian and Con-
stantine, their changes in administra-
tion, 300-6 ; Constantino's alliance with
Christian bishops, 307 ; after Constan-
tino, decay of armies, and great influence
of bishops, 308-9 ; end of the western
empire of the Caesars, 315.
Empires : three empires compared, 310-
13; typesof empires, 327-9. See Empire
of the Caesars, Austrasian Empire, Saxon
Empire, Russian Empire, India under
British rule.
England , the Normans in, 335-6 ; increased
coherence of the English in the thir-
teenth century, 336 ; Parliament, 326-7;
after Edward the First, decline of kingly
authority, ,337-8 ; Tudor sovereigns,
strong kingly power of, 413, 417-19 ;
England, unification of, 418 ; govern-
ments of, 1660 a.d.-1835a.d., 444-50;
government of after 1835 a.d., 456-64.
Etruscans, 170-2.
Eupatridae, 49-52.
Fikfs, their origin, 325, 329-30; fiefs
in France, 337-50 ; in the southern
Netherlands, 350-1 ; tabular views of
bodies politic descended from junctions
of fiefs, 351, 467.
Florence, early governments of, 363-4 ;
Guelfs and Ghibelines in, 364-5 ; classes
in, 365-6 ; feeblygoverned by successful
tradesmen, 366-71 ; decay of citizen
armies in, 370 ; condottieri and mer-
cenary armies, 370-1 ; comparatively
vigorous government of the captains
of the Parte Guelfa, 372-4 ; the Eight
Holy Men, 374; the ciompi, 874;
Michel di Lando, 375-6 ; Tyrannis in,
376.
France, when it got a right to its name,
324 ; early kings in, see Paris, counts
of, 343 ; first extensions of the king's
demesne outside the county of Paris,
343-5 ; government in the demesne,
344-6 ; le Parlement de Paris, 346-7 ;
relations between the demesne and the
fiefs, 346-7 ; quarrel of Philip the Fourth
with Pope Boniface the Eighth, 347-8 ;
states general, 348-9 ; conquest of the
fiefs by the demesne, 411-12; kingly
government in, 413 ; wars of religion
in, 421-2 ; privileged orders in, 424-5 ;
Richelieu and Louis xiv. , 425-7 ; misery
in, 428; French Revolution, 428-32;
unification of France, 432 ; tabular
view of French bodies politic, 467.
Genoa, its prosperity till 1256 a.d., and
subsequent decline, 386-91.
Germans, their settlements in conquered
Roman provinces, 316-22 ; their in-
clusion in the Austrasian Empire, 322 ;
their condition, 843 a. d. -936 a. d. , 324-5 ;
their inclusion in the Saxon Empire,
325-7; their principalities and Land-
tage, 338 ; their princes uncontrolled
by Landtage after the sixteenth cen-
tury, 416, 436 ; compulsory junctions
of their small principalities, 437-8.
Germany (Modern), 527-37.
Great Britain, by 1830 A.D. a united
nation, 450.
Greece, physical geography of, 26-9.
Greek cities, general view of, to 480 B.C.,
80-5 ; their political isolation, 61, 80,
141, 149, 150, 154; their first contact
with the Persians, 72 ; their treatment
of dependencies, 150-2; history of, after
412 B.c, 114-38 ; general view of com-
munities in, 157-9. See also Greek in-
tellect, Greek peoples, Athens, Sparta,
Greek cities (maritime).
Greek cities (maritime), 40-2 ; their
governments, 42-7.
Greek intellect, 138-40.
Greek peoples, the earliest known govern-
ments in, 18-25 ; their characters about
650 B.C., 29-32 ; their first contact with
the Persians, 72. See also Greek cities,
Greek cities (maritime), Athens, Sparta.
Greek settlements in Italy and Sicily,
141-2.
Homeric poems, character of their testi-
mony about political institutions, 20-5.
India under British rule, 312.
Irish, their junction with the English
451, 521.
INDEX
557
lUliau cities, mediaeval. See Bologna,
Florence, Genoa, Milan, Venice.
Italian towns, ancient : their general
character, 273 ; made alliances, but did
not coalesce, 274-5 ; never were under
a single government before Caesar's
time, 275-7 ; compared with Greek
towns, 277-8 ; tabular view of, 279-81.
Italy, physical geography of, 160-2 ; its
early inhabitants, 162-5 ; wars among
them, 192-3 ; Gallic invasions of, 193-5.
Italy in the Middle Ages, governors of,
before 1075 a.d., 356; early indepen-
dence of its towns, 356-7 ; wars of
the Hohenstaufen Kaisers in, 357-61 ;
general unwarlike character of Italian
townsmen after 1268 a.d., 361-2;
Bologna and Florence exceptional in
having a civic militia, 362-3 ; subjuga-
tion of the inland towns, 379-80. See
also Bologna, Florence, Genoa, Milan,
Venice.
Italy (Modern), 522-7.
Kleisthenes, 63-9.
Kleruchiae, 66, 92.
Kolophon, an early Ionian settlement in
Asia, 18.
Latin colonies, 213-14.
Latin towns, 166. See also Italian towns.
Latins, their early settlements, 164-7.
Milan and other cities in Northern Italy,
362, 378.
MykGnsean civilisation, 13-17.
Netherlands, history of the, 1530 a.d.-
1577 a.d., 420 ; division of the, 420-1.
Netherlands, Dutch. See Dutch Nether-
lands.
North America, English colonies in, 480 ;
independent states in, 481 ; their
Articles of Confederation, 481-3 ; their
closer union, 488-90; the working of
their constitution, 490-4 ; parties in
the United States, 494-7 ; American
cities, 497 ; Tammany, 498-500.
OcTAVius(Octavianus), his compact with
Antonius and Lepidus, 284 ; his vic-
tories over his rivals, 285 ; his behaviour
towards the provincials, 286 ; and to-
wards the Roman citizens and the
senate, 286-7 ; his title Augustus, 287.
For events in his later life, see
Augustus.
Oligarchia, 45, 120-1.
Ostracism, 69.
Papacy. See Popes.
Paris, counts of, 343.
Parlement de Paris, 346-7.
Peloponnesian War, 101.
Perikles, 93, 98-101.
Popes, beginning of their power, 321 ;
improved method of electing, 326 ; their
wars against Kaisers, 357-9 ; claims of
Pope Boniface vm. , 347.
Prussia, growth of, 433-5; making of a
Prussian people, 435.
Renaissance and religious discords, 415.
Rome, its beginnings, 167-70; Patres
and Plebs in, 169 ; under kings, 172-4 ;
Servian reform of its army, 174-6 ; cen-
sus in, 176 ; territory of, under Tarquin
the Proud, 176-7 ; its earliest magis-
trates, 177-8 ; secession of the Plebs,
179 ; jreturn of the Plebs, 180 ; al-
liance of Rome with the Latins, 182;
contests between Patres and Plebs,
182, 192 ; Decemviri, 183 ; periods of
Roman history, 184 ; consuls, senate,
centuries, tribuni, concilium plebis,
185-92; wars of the Romans to 388
B.C., 193-5 ; conquest of the Latins by
the Romans, 195 ; concessions made by
the Patres to the Plebeians, 196-7, 211 ;
the Roman Senate, 197-9 ; treatment of
the conquered Latins by the Romans,
199-203 ; territory of the Romans, 326
B.C., 205-6; conquest of Italy by the
Romans, 211 ; provisions of the Romans
for controlling Italy, 212-17 ; Latin
Colonies, 213-14; Maritime Colonies,
215 ; supremacy of the Romans in Italy,
218-37; First Punic War, 219-22;
war against Hannibal, 223-37 ; Roman
constitution, 264 B.C. -201 B.C., 225-30 ;
social classes of Romans, 264 B.C. -201
B.C., 231-4 ; Roman juridical system,
234-5, 265-6 ; political organisation of
Italy, 236-7 ; dependencies of the
Romans, 201 B.C. -46 B.C., 238-72;
new conditions in Rome, 200 B.C. -146
558
INDEX
B.C., 241 ; social classes of Romans,
200 B.C-146 B.C., 243-5; Latin and
Italian dependents of the Romans,
245-6; dissensions among classes of
Romans about the spoil of the depen-
dencies, 133 B.C. - 106 B.C., 247-54 ;
curule families, 231-2, 254-7 ; defensive
war of the Romans against the Cimbri
and the Teutones, 258 ; great mercenary
army made by Marius, 258 ; revolt of
the Italian allies, 259 ; predominance
of armies in Italy, 260-7 ; Sullan con-
stitution, 262-5; subjugation of the
Roman commonwealth by Cassar and
his army, 271. For the history of
Rome after 46 B. c. , see Empire of the
Caesars.
Rome and Athens compared, 281-2.
Russian Empire, 311-12.
Samnites, their origin, conquests, and
subjugation under the Romans, 207-
210.
Savoy-Piemont, 436-7, 522-7.
Saxon Empire, 326-7.
Scots, their junction with the English,
450, 520.
Solon, 53-8.
Spain, despotic kingship in, 413-14; never
perfectly united, 432-3.
Spartans, their earliest institutions, 33-5 ;
their conquest of Messenia, 35 ; their
discipline, 36 ; their early wars, 37 ;
their carelessness about the form of
their government, 38 ; their King
Kleomenes the First, 62-4 ; their
hegemony in the Peloponnesus, 64,
89-91 ; their temporary ascendency
over the Greek peoples, 123 ; end of
their maritime ascendency, 125 ; their
terrestrial ascendency, 128-9 ; their
internal condition, 479 b.c-338 B.C.,
181-5.
State, early examples of the use of the
word, 2, 3, 382 ; is a legal conception,
4 ; early history of the word, 380-2.
Strategi at Athens, 69, 108.
Sweden, strong rule of Gustavus Vasa
in, 414 ; unification of, 416.
Swiss Cantons, their permanent alliance,
473-4 ; their imperfect common govern-
ment, 1481 a.d.1512 a.d., 475-6 ; their
disruption, 476 ; their disorders, 501 ;
intervention of Buonaparte in, 502 ;
their compact of 1814, 502 ; their new
compacts in 1848 and 1874, 503-9;
Swiss Federation, 509; Referendum
and Popular Initiative in, 509-12 ;
absence of clearly marked parties in
Switzerland, 512.
Switzerland. See Swiss Cantons.
Tabular views : of communities in Greek
cities, 83-4, 157-9 ; of ancient Greek
and Italian bodies politic, 279-81 ; of
empires, 329; of bodiespoliticdescended
from compulsoryjunctions of like tribes,
341, 440-1, 466 ; of bodies politic in
mediaeval city states, 384-5, 408-9 ; of
bodies politic in France, 467 ; of federal
bodies politic, 516 ; of bodies politic
derived from voluntary junctions of
unequal bodies politic, 542 ; of bodies
politic in general, 546-9.
Thebes, 129-30.
Tribe, usage of the word, 11.
Tribes, pastoral and agricultural, 6 ;
pastoral, in Germany, 7-8 ; in the
Balkan peninsula, 10 ; agricultural,
ancient Greek and Italian, 11 ; Teutonic
tribes in Britain, Scandinavia, Spain,
and their junctions, 331-5, 338-9 ; com-
pulsory junctions effected only between
somewhat similar tribes, 339-40 ; tabu-
lar views of bodies politic descended
from compulsory junctions of tribes,
440-1, 466.
Tributary cities under Athens, 96-8.
Tyrannis, 45, 143, 147.
Unions of peoples. See England,
Sweden, France.
Unitary nations : experimental govern-
ments for a unitary nation, 444-50 ;
continental unitary nations, 452 ;
governments of unitary nations, 456-
64.
United States. See North America.
Venice : rise of the Venetians, 355 ;
early history of the Venetian islanders,
391-3 ; their adoption of Venice as their
capital, 393 ; their doges and dependen-
cies, 393-5 ; their Great Council, 396-9 ;
their conquests in the Eastern Empire,
INDEX
559
398-9 ; closing of the Great Council,
400-1; conspiracy of BajamonteTiepolo,
402; the Council of Ten, 402-3; decline
of Venice, 403-4 ; Venice like Sparta
and Rome in its origin, 404-6 ; in some
particulars like Rome in its history,
406-7.
Vienna, Congress of, 452-3.
Voluntary junctions of equal commun-
ities, 468-516 ; general comments on,
513-15 ; tabular view of, 516. See also
Achaean League, Dutch Netherlands,
North America, Swiss Cantons.
Voluntary junctions of unequal bodies
politic, uuknown except in modern
history, 517-20 ; some junctions of
unequals voluntary only in seeming,
520, 537 ; general comments on volun-
tary junctions of unequals, 539-41 ;
tabular view of, 542. See also Scots,
Irish, Germany (Modern), Italy
(Modern).
Printed by T. and A. Constable, Printers to His Majesty
at the Edinburgh University Press
A 000 531 360 6